EUROPEAN PARLIAMENT
Electoral Laws of Parliaments of the Member States of the European Communities_
Directorate General for Research and Documentation
August 1977 PE50J59 Foreword
The first direct elections to the European Parliament are imminent. They will take place in a~cordance with the electoral law independently adopted by each Member State of the European Communi.ty. It is at present too early to predict whether with nine dl f f'onmt (J)(H.:toral laws, tl1u path to greater uniformity is being lakon. lt doos, lmwovor, soom clonr avon now that. thuso lnws will depart from national electoral legislation in certain respects. One of the reasons for this is that Member States intending to retain the constituency system for elections to the European Parliament will have to create fewer, and therefore larger, constituencies.
It must generally be assumed that every Member State will adhere to the principles of its own electoral system for the first
~rect ele~tions to the European Parliament.
Article 7 (1) of the Act on direct elections to the European Parliament instructs the latter to 'draw up a proposal for a uniform olectoral procedure'. It would be prematt1re at this stage t.o su<;gcHt on whicr1 electoral system such a proposal will be based. Tho European Parliament's Directorate-General for Research and Documentation is convinced that details of the current electoral systems of the Member States are relevant not only to Ehe first direct elections to ·the European Parliament but also to the adoption of a uniform procedure at a later stage. The following document therefore attempts to sunwarize and compare all the essential features of the national electoral systems. This inform ation is naturally confined to the procedure for election to the supreme directly-elected national parliament of each country. Regional and local electoral systems have not been taken into account as they will, in all probability, have little influence on the future electoral system adopted for the European PaDiament.
De.-egs.rs/cod - l ... FE 50.159 It is not: tho intention of this document to attempt to influence any decision on direct elections or subsequent uniform electoral legislation; it is deliberately confined to collecting and comparing the facts, without giving any political evaluation . ... Again, no attempt has been made to describe the historical back- ground to each case. Of greater importance is·whether the available data reveal the possibility of finding a common denominator. Surprisingly, the facts would appear to suggest that the differences of organizational and technical detail are fewer than the elements of common ground. The great disadvantage of the abovementioned limitation is, however, that the essential differences between the various electoral systems are not immediately apparent. It has proved impossible,for example, to give a full picture of the 1·:nqli.sl1 ma·jor J t:y electoral system or tho F'rench electoral system w.i l:h it:r:: two ballots, without going into the political and historical background.
The authors of this document therefore trust that the reader will appreciate why such distinctions, ar~ played down; thev hope that such information _!:1!3..-iS given will be of some assistance.
For a full understanding of this comparative study, with its accompanying tables and references to special features, the reader is referred to the Note which follows.
De.-egs.rs/cod - 2 ·- NOTE TO THE READER
The material forming the basis of this document was arranged in subject sections, divided into headings and sub-headings. The regulations of all nine EEC countries on a given aspect of electoral law are - as far as is feasible - set out on a separate page in each case.
It was necessary to reduce the complex subject-matter to note form to make comparisons possible. Where greater detail was considered necessary, it is to be found in the annex, references being given in the main text.
It is often impossible accurately to render the titles of offices ole. in other languages; approximate translations (indicated by underlinings) have therefore been used, and the original term will be found in the annex for the country' concerned.
Example: The text on Denmark refers to constituencies. While this translation gives some idea, it does not quite
reproduce the full meaning, since the ~nish system is unusual in this respect and cannot be ent-irely satisfactorily described in terms of another electoral system. The original Danish term 'valgkreds' will be found in the annex under 'Denmark'.
The annex comprises:
a detailed account of the various vote counting systems (quota or d i.v i Aor mothod);
nino national sections, in which the statutory basis of elections, the system of government, a more detailed account of the electoral system itself and the originals of the approximate translations used in the text will be found.
Abbreviations
The statutory provisions of each country are given in an abbreviated form in the original language. Explanations and trans lations are to be found in the annex.
Dc.-ogs.rs/cod - 3 - COMPARISON OF ELECTORAL SYSTEMS OF THE NINE COMMUNITY COUNTRIES
I. GENERAL PRINCIPLES
1. Electoral system
(a) Proportional or majority electoral system ...... 6 (b) Polling method and number of votes •...... ••...... • 7 (c) Vote counting method and allocation of seats .....•..•.. 8
2. l'r i IW lplna of electoral law
(a) Whot aro Lhoy'.' ..•..•....•.•.•..•••...••.• ·....•..•.••• 10 (b) Obligation to vote ...... • 11
II. ENTITLEMENT TO VOTE
1. Minimum age ...... • . • . . . • • ...... • 12 2. Nationality ...... •.....•.•.•...... •...... •...... •. 13 3. Residential obligation ...... •...... ; • . . . . • . . . • 14 4. Provisions for nationals resident abroad ...... •.....• 15 5. Grounds for disqualification ...... •...... 16 6. Other formal conditions for the exercise of voting rights· 18
III. ELIGIBILITY fOR ELECTION
1. Minimum ago ...... · . · · · · · · · · · · · · · · · · · · · · · · · 19 2. Nationality ...... · · ..... ·. · ·. · •· 20 3. (a) Grounds for disqualification- ...... ···· ..... ·.····· 21 (b) Authority qualified to deprive candidates of eligibility for election ...... ·. · · •.. ·. ·. · · · • · 22 4. 'Threshold clauses ' for parties · · · · · · · · · · · · · · • · · · • · · · · • · · 23 5. Can a party be banned? . ·. · · · · · · · · · · · · · · · · · · · · · · · · ·· · · · · • · 24
IV. OPERATIONS PRELIMINARY TO ELECTIONS
1. (a) Determination of constituency boundaries················ 25 (b) Criteria for the determination of constituency boundaries 26 2. Electoral authorities at local, regional and national level 28 3. Polling date (a) Who fixes it? ...... ·.. 3E? (b) Is a specific day of the week prescribed for polling? •• 37 4. Electoral registers (a) Who is responsible? ...... :39 (b) Who is included in them?...... 39 (c) Is it possible to object to electoral registers? ...... 40
De.-egs.rs/cod - 4 - 5. Nominations {n) Porm of nomination ...... · .... · · · · ·. · · · · · · · · · · · · · .42 (I>) P'or:mnl condll ion1:1 ...... · ...... · ...... · • • ..... 43 6. Election campaigns (a) Financing by the state...... · · · · · · · · · · · · · · · · · · · .46 (b) Statutory provisions governing election campaign · expenditure ...... ·. · · · · · · ·. · • · · · · · · · · · · · · • · · · · · · · .47 (c) Duration of election campaign······ · · · · · · · · · · · · · · · · · · .48 (d) Access to media and industrial premises- ...... 49 (e) Other rules concerning electoral conduct ...... 51
V. ORGANIZATION OF VOTING
1. Polling hours . · ... · · · . · · · · · · · · · · · · · · · · · · · · · · · · • · · · · ···52
2. Organization of ballot (a) Postal voting ...... •...... ··.· .. 53 (b) Proxy voting ...... ······54 (c) Provisions for hospitals, penal institutions, etc ...... 55
VI. ELECTION RESULT
1. Authority responsible for the count ...... ·· ... 56 2. Void ballot papers ...... ·. · .. • ·.·····.57 (a) Adjudicating authority ...... ·.···.·: .. ········, .59 3. Validation of election ...... ···················· .60 4. Con;testing the result ...... · . · . · . · . · · · · · · · · · · · · · · · · • · · · · 62 5. By-elections ...... · ..... · · · ·. · 64 6. (a) When can an elected candidate take his seat? ...... 65 (b) In what circumstances does a merriber lose his seat? ..... 66 7. Legislative term ...... ~ ...... ·.····· .. 68
VII. ANNEX
Voto counting procedures, various methods ...... 69 Notes on tho individual countries: - lloJqJum ...... - ...... 72 - Denmark ...... 7 5 - Federal Republic of Germany...... · ...... · .. · .. · · · · · · · 76 - France ...... 77 - Ireland ...... 81 - Italy ...... 84 - Luxembourg...... 86 - The Netherlands ...... _.87 - United Kingdom ...... 89 I. GENERAL PRINCIPLES
1. Electoral system 1 (a) Proportional or majority electoral system
Belgium Proportional representation (Const. Art. 48.2)
Denmark Proportional representation (vgl.§ 42 et seq.)
Federal Hepublic of Combination of majority s·yatem and proportional Germany representation (BWahlG '·§ ·6 ) - In each of the 248 constituencies one candidate is directly elected by the relative majority electoral system (BWahlG § 5).
- The other 248 seats are distributed by the proportional electoral system to ('Land') lists (BWahlG § 6).
France Absolute majority elections in single-member constituencies with two ballots (CE Art. L. 123)
Iro J;'lncl Proportional rcproeenlatlon (Const. Art. 16.2; Section 17 EA 23)
Italy Proportional representation (Articles 1 and 77 TU No. 361)
Luxembourg Proportional representation (Const."Art. 51)
Netherlands Proportional representation \Gr~. Art. 91)
United Kingdom Relative majority system with single-member constituencies (i.e. only one ballot)
1 A summary breakdown for easy reference. For details, see under 'Polling and vote counting methods'.
De.-egs.rs/~orJ - 6 - I. GENERAL PRINCIPLES
1. Electoral systom (b) Polling method and number of votes
Belgium Each voter has one vote~ which he can give either to a list or to the candidate of his choice {Const.Art.47: CE Art. 144). Denmark Each voter has one vote, which he can give either to a party or to the candidate of his choice (vgl. § )5. 5).
Federal Republic Each voter has two votes: of Germany - tho first for the constituency member (direct election) ; - the second for the 'Land' list. (BWahlG § 4)
France Each voter has one vote, which he gives to the candidate of his choice (direct election).
Ireland Each voter has a single transferable vote. The names of the candidates are set out alphabetically on the ballot paper. The voter can arrange the candidates in order of preference, by writing the numbers 1, 2, 3, etc. beside their names.
Italy Each voter has one vote, which he gives to a list. Preferential votes can be given to one or more candidates on the list (Art. 59 TU No. 361)
Luxembourg Each voter has as many votes as there are members to be elected in the constituency. He can either vote for a list, which then receives all his votes (where there are as many candidates on the lists as there are seats to be filled), or for the candidates of his choice (LE Art. 114) •
Netherlands Each voter has one vote, which he can give either to a list or to the candidate of his choice (ckw·. Art.90.l; KW. Art. I 32).
United Kingdom Each voter has one vote, which he gives to the candidate of his choice (direct election) .
De.-egs.rs/cod - 7 - I, Gi!~NEHJ\L PlUNCIPLES
1. gloctoral system
(c) Vote counting method and allocation of seats
Belgium Votes are counted and seats allocated at constituency level using the d'Hondt RuleD (CE Art. 167). Candidates obtaining the most personal votes are elected (CE Art. 170).
Denmark Votes are counted and seats allocated at constituencv level by the 'adjustment method' :x. Where candidates are placed on an equality those obtaining the most personal votes are elected. Votes not given to individual candidates are allocated to the candidates in proportion to the personal votes they have obtained (qrl. § 31. vgl. § 39 - 48). Under the list system a combination of personal and party votes is allocated by reference to the candidate's place on the list (vgl. § 47).
There are sup~rnumerary. seats'!'! (for details, see annex) .
Federal Republic Votes are counted and seats allocated at constituency of Germany level for half the 496 seats. The candidate who obtains the most first votes is elected (relative majority vote;
BWahlG § 5). The other half of the seats is distributed among the 'Land'lists in accordance with the members of the second M vol.es cast, using the d' Hondt Rule , (BWahlG § 6). If a party is entitled to more seats, t.hey are .filled by
, ,;, r1=1 t>Jii'P I 11 I Itt; 'L"'11tl' J.1 sl ( iWiahlt> ti t1) •
'rhere ar.e Stlpernumerary seat fil}t.
22 Bundestag deputies represen~ing Berlin are appointed by the Berlin Chamber of Deputies.
France Votes are counted and seats allocated at constituency level. The candidate obtaining an absolute majority in the first ballot and at least a quarter of the valid votes cast by registered electors, is elected. In the second ballot, which takes place one week later, a relative :X maiority is sufficient (CE Art. L. 123 ~ 126) ·
';e. -eqs. r s/cod -8- I. GENERAL PRINCIPLES
1. Electoral system
(c) Vote counting method and allocation of seats (cont.)
Ireland Votes arc counted and seats allocated at constituency level using a modified quota method (proportional representation). Candidates who attain or exceed a certain quota of votes are electedx.
Italy Votes are counted and seats alloca~ed at constituency level using the d'Hondt Rule (TU No 361 Art. 77).
There are supplementary seats (for details, see annex).
Luxembourg Votes are counted and seats allocated at constituency level using the Hageribach-Bischoff · Rule~ (proportional representation) (LE Art. 136, 137)·
Netherlands Votes are counted and seats allocated at province level using the quota rule)( (KW. Art. N 5-16) ·
United Kingdom Votes are counted and seats allocated at constituency level. The candidate who obtains the highest number of votes is elected (relative majorit~.
llt Sew annux
De.-egs.rs/cod - 9 - 01 • r:t•:NJ•:IU\J. l'l 2. Principles of electoral law (a) What are they? Belgium universal, direct, equal (Const. Art. 47) secret (Const. Art. 48.3) Denmark universal, direct, secret (grl. § 31.1) Federal Republic universal, direct, free, equal, secret of Germany (GG Art. 3B) .. • Franco universal, direct (L. 1) secret (CE Art. L. 59) Ireland universal, direct, equal, secret (Const. Art.16) Italy universal, free, direct, equal, secret (Cost. Art. 48.1 and 2) Luxembourg universal, direct, secret (Const. Art. 51) Netherlands universal, direct, equal (Grw. Art. 90.1)• secret (KW. Art. I 17.1) United Kingdom universal, direct, equal, secret De.-egs.rs/corJ - 10 - I. 2. Principles o[ olo ctoral law (b) Obligation to vote Belgium Compulsory (Const. Art. 48) Donmark Not compulsory J>odornl Hopubllc Not compulsory of <:ormrJ.ny France Not compulsory Ireland Not compulsory Italy Compulsory (Cost. Art. 48.2), although no provision for penalties. Luxembourg Compulsory (LE Art. 64) Voters over 70 years of age and those residing at time of the election in a commune other than that in which they are registered, are exempt (LE Art. 260). Netherlands Not compulsory United Kingdom Not compulsory De.-egs.rs/cod - 11- II. ENTITLEMENT TO VOTE 1. Minimum age Belgium 21 (Canst. Art. 47, CE Art. 1) Dflnmark 20 (vgl. § 1.1) Fr,derul Republic 18 (I3WahlG § 12) of Germany France lB (CE Art. L. 2) Ireland 18 (Canst. Art. 16.L E (Amendment) A 1973) Italy 18 (Cost. Art. 48.1; Law of 8 Mar~h 1975 No. 39) Luxembourg 18 (Canst. Art. 52) Nc thor 1 •mds 18 (GrW. ~rt. 90.1; KW. Art. B 1.1) United Kingdom 18 (Section 1 RPA 1949; Section 1 RPA 1969) De. - egs.rs/cod -12- II. ENTITLEMENT TO VOTE 2. Nationality Belgium Belgian nationality by birth or 'full natural ization' (Const. Art. 50) Denmark Danish (grl. § 29.1) Federal Republic German within the meaning of the Grundgesetz of Germany (Basic Law) (BWahlG § 12) France French (C.E Art. L. 2) Ireland Irish (Const. Art. 16.1, Section 5 EA 1963) Italy Italian (Cost. Art. 48.1) Luxembourg Luxembourgish (Const. Art. 52) Netherlands Dutch, or legal recognition as a Dutch subject (Grw. Art. 90.1, KW. Art. B 1.1) United Kingdom ~itish or Irish (Section 1 RPA 1949 and 1969) Commonwealth citizens are also British subjects within the meaning of the Act (British Nationality Acts 1948 and 1965, Immigration Act 1971) A person acquiring the nationality of any Member State entitles him to exercise voting rights in that country. There is no transitional period during which entitlement to vote is withheld. -~- '. De.-egs.rs/cod - 13 - II. ENTITLEMENT TO VOTE 3. Residential obligation Belgium In the commune for the previous 6 months (Const. Art. 47, CE Art. 1) Denmark In the Kingdom of Denmark (grl. § 29.1) Fedoral Republic In tho Federal Republic .of Germany for the of Germany previous 3 months (BWahlG § 12) France In the commune for the previous 6 months (CE Art. L. 11) Ireland In the constituency (Section 5 EA 1963} Italy In the constituency (Law of 7.10.1947 No, 1058, amended by the Law of 22.1.1966 N~ 1) Special provisions for nationals resident abroad. Luxembourg In the Grand Duchy (Const. Art. 52.1; LE Art. 1) Netherlands In the commune on the day nominations are declared (KW. Art. B 1 I 3) United Kingdom In the constituency on the qualifying date for entry on the electoral register . (Section 1 RPA 1949; Section 1 RPA 1969) Dt". -egs. rs/cod - 14 - II. ENTITLEMENT TO VOTE 4. Provisions for nationals resident abroad Belgium Nationals resident abroad may vote by proxy {CE Art. 147 a} Denmark Nationals resident abroad nave no voting rights. Exceptions: State officials (and their spouses) required to serve abroad (vgl.Sl.2) Federal Republic Nationals resident abroad have no voting rights. of Germany Exceptions: Civil servants, members of the armed forces and public service employees required to serve abroad on official business (BWahlG - § 12) France Nationals resident abroad are entitled to vote by proxy (CE Art ... L. 71) Ireland Nationals resident abroad have no voting rights (Section 5 EA 1963} Italy Nationals resident abroad retain their voting rights in their home constituency, and are entitled to return to it for the election (Law of 7.10.1947 No.1058, amended by the Law of 22.1.1966 No.1) ;:_,-,. zcmbourg Nationals resident abroad have no voting rights. Netherlands Nationals resident abroad have no voting rights. United Kingdom Nationals resident abroad have no voting rights. Exceptions: Government officials, membets of the armed forces and of the British council (and their spouses) serving abroad (Sections 10, 12 and 25 RPA 1949: RPR 58-60 De.-egs.rs/cod - 15 - II. ENTITLEMENT TO VOTE ~i. Grounds for disqualification HolrJ lurn l'ortnllrHJnL dlsqmlli f lcat.l.'.m i:'n the case of: - "Conviction for a crime (Cill Art. ,6) Temporary disqualificatior. in the case of: - deprivation of .rights, isolation on the .grounds .of mental illness~ ·mene'l:F retardation, c6hfinemerit';'-· · · · , _____ ------_at least three mo-nths'" ·i1tif?r.isonltlel1't, - bein'g held at the government' s pleasure to proteCt soc:tetY ------ Denmark - deprivation of rights (grl. § 29.1) Federal Republic - deprivation of voting :tights by court order; of Germany - deprivation of rights; - detention under §63 of the StGB (Penal Code) in a psychiatric institution (provided that: the felony or offence was committed in a state of criminal irresponsibility and there is concern that further offences will be committ France Permanent disqualification for: - conviction for a felony; - imprisonment for theft, sharp practice, abuse, of confidence, embezzlement, false testimony, falsification of documents, corruption, bribery, sexual offences, falsification of signatures; - non-appearance in aourt; - undischarged bankruptcy; - deprivation of rights; (CE Art. L. 5) Temporary disqualification (5 years) for: - imprisonment for more than 6 days for offending against public morals (C:E Ar:t. L. 7); In passing sentence the courts are empowered to extend temporary disqualification and to declare a person deprived of voting rights for a defined period (CE Art. L. 6). De.-egs.rs/cod -16- II. ENTITLEMENT TO VOTE s. Grounds for disqualification (cont.) Ireland 'rhere are no specific grounds for disqualification under the consitution ·or electoral law. Italy - Legal incapacity (Cost. Art. 48.3): -conviction {Cost. Art. 48.3); - moral unsuitability as defined by the law, examples being wilful bankruptcy; being under police surveillance; imprisonment(for the period of imprisonment only) deprivation by court order of the right to hold public office; imprisonment for five or more years; (Art. 2 TU No. 223} Temporary disqualification (5 years) for: - embezzlement and misappropriation ~ public funds, blackmail, bribery, defamation, perjury, falsification of documents; - devastation, looting; - fraud and misrepresentation. (Law of 7 October 1947, Art. 2) Members and descendants of the House of Savoy have no voting rights (Constitution31 transitional provision XIII) . Luxembourg - Loss of Luxembourg civil rights; - conviction for a criminal offence; - conviction for theft, receiving stolen qoods, swindle, breach of confidence, forgery, using a forgery, false testimeny, false opinion, false interpretation; - running a brothel and conviction for an offence against the provisions on immoral earnings; - disqualification from guardianship; - bankruptcy; deprivation of rights by court order and detention in a security institution. (LE 1\rt. 4) Netherlands - Being of unsound mind; - loss of civil rights; - previous convictions: - prison sentences 'of more· than-one year -and court--- conviction ior a repeated o:E-ienee-wi~hi-r&-~ pe-::::i~ of 1:hree years (GrW·. Art .. SQ-:--·Ir";;,. --lU:~-.----~---2-}- - imprisonment (for the perio1 of imprigori~e~t only) (Section 4 RPA 1969); United Kingdom - depriva:tj.QILQf y_q_-t;::i,pg_ rj,ghtl:!_ j:or corru~t;-~~ illeaal electoral pr?cti~es (Section- 1~0 RPA 1949) being of unsound m-i.J.ld;- - peers, excludin~.Irish peers (Section 5 Peerage Act 1963) · II<>. -nq~:~. r to~/• .,,(j 1 ., .. I I. l;:N'riTLEMI~NT 'l'O VOTE 6. other formal conditions for the exercise of voting rights Belgium Name entered in the ele ctcral register (CE Art.l4) Denmark Name entered in the electoral r·e:J.ifilter (vgl. § 1.3) Federal Hepublic Name entered in the electoral register or C:(1rmany or poaseAt:lion of an electoral certificate (BWahlG § 14). An olo~Loral c6rtificnto entitles tho holder to a postal vote, or to vote in a different ward of the constituency (BWahlG § 14). France Name entered in the electoral register (CE Art. L. 9) Ireland Name entered in the electoral register (Section 5 EA 1963) Italy Name entered in the electoral register (Art. 4 TU No. 223) Luxembourg Name entered in the electoral register (LE Art.2) Nctl1crlnnds Name entered in the electoral register; this entitles the citizen to ari electoral certificate, without which he cannot exercise his voting rights. (KW. Art. I 6, 7 & 31) United Kingdom Name entered in the electoral register (Section 1 RPA 1949) De. -egs.rs/cod - 18 - III. ELIGIBILITY FOR ELECTION 1. Minimum ago Belgfnm 25 (Const. Art. 50) for election to the chamber 40 (Const. Art. 56) for election to the Senate I Denmark 20 (vgl. § 2 ) Federal Republic 18 (BWahlG § 15) of Germany France 23 (CE Art. L. 44) Ireland 21 (Const. Art. 16.1; Section 51 EA 1923) Italy 2 5 (Cost. Art. 56. 3 ) Luxembourg 21 (Const. Art. 52) Netherlands 25 (GIW. Art. 94) United Kingdom 21 (Section 7 Parliamentary Elections Act 1965) De.- egs.rs/cod - 19- I J j I III. ELIGIBILITY FOR ELECTION 2. Nationality Belgium Belgian nationality by birth or full natural ization (Const. Art. SO and 56) Denmark Danish (grl. § 30.1) Federal Republic German for a minimum of one year of Germany (BWahlG § 15) France French for a minimum of ten years \CE Art. L.44; LO 128) Ireland Irish (Const. Art. 16.1; Section 51 EA 1923) Italy Italian (Cost. Art. 56.3 and 48.1) Luxembourg Luxembourgish (LE Art. 98) Netherlands Dutch or legal recognition as a Dutch national (GrW. Art. 94) United Kingdom British (Section 31 British Nationality Act 1948) De.-egs.rs/cod - 20 - III. ELIGIBILITY FOR ELECTION ·1. (n) nrounds f!)r:._disgualiri<· 13e]gium - Joan of civil and political rights (Const.Arl.SC and 56) - deorivation bv sourt ordor of the riqht to vote or- eliqibility ~or election (CE Art. 227) - incompatibility . Denmark Conviction for an offence considered to render the candidate unworthy in the eyes of the public of membe~ship of the Folketing (grl. Art. 30.1; vgl. § 2). Federal Republic -loss of the right to vote (BWahlG 16); of Germany - barred from public office by court order (BWahlG § 15). · Franco - deprivation of the right to vote or ~ligibility for election by court order (CE ~t •. LQ- 1~9, 130): - being in need of care (CE Art.· LO 130) incompatibility". lr13land - imprisonment with hard labour for a period exceeding 6 months or penal servitude for any term imposed by an Irish court; ·- undischarged bankruptcy; - unsound mind or mental illness; - conviction for corruption or other offences in connection with elections (Section 51.2 EA 1923) - incompatibility · Italy - loss of the rig~t to vote {Cost. Art.56.3 and 65_1); incompatibility .. Luxembourg - loss of the right to vote; - deprivation of eligibility for election by court order (LE Article 88), Nolllor l itnda - loss of Lho rig~t to vote (Grw. Art. 94 and 90.3): incompatibility · United KJ ngrlom - mental illness (Mental Health Act 1959): - bankruptcy within the previous five years, unleaa no l>lame attachod (Sections 32 and 33 Bankruptcy Act 1883, Section 9 BA 1890); - conviction within the previous five years for corrupt or illegal practices in connection with elections (Sect~ons 139, 140 RPA) - incompatibility . ~ For details see annex De.-mrs.rs/cod -21- III. ELIGIBILITY FOR ELECTION 3. (b) Authority qualified to deprive candidates of the eligibility for election Belgium The courts Denmark The Polketing (grl. S 33) Federal Republic The courts of Germany France The courts Ireland The courts Italy In the case of candidates whose names have not been entered in the lists, appeal may be lodged with the district electoral committee (Art. 20 TU No. 223). The next instances are the Court of Appeal (Art. 42 TU No. 223) and the Court of Cassation (Art. 45 TU No. 223) In the case of a candidate who has already been elected, the Chamber decides on disqualification (Cost. Art. 66). Luxembourg The courts Netherlands The Chamber (Grw. Art. 108) United Kingdom The courts. The returning officer of the constituency generally decides whether candidatures are admissible (PER 13) . De.-mrs.rs/cod - 22 - III. ELIGIBILITY FOR ELECTION 4. 'Xhreahold clauses' for parties Belgium None Denmark To be represented in Parliament, a party must - win a constituency seat; - obtain at least 2% of the valid votes cast (about 60,000); - or obtain, in at least two of the three electoral districts as many votes as the average number of votes per constituency seat (about 20,000) {vgl. '§ 43.1). Federal Republic No seats are allocated to parties which obtain of Germany less than 5% of the second votes cast or fewer than 3 seats by first votes {BWahlG § 6. 4) Franco None Ireland None Italy None Luxembourg None Netherlands None United Kingdom None Do . -mr 11 • r ,,; r;od - 23 - III. ELIGIBILITY FOR ELECTION 5. Can a party be banned? Belgium No Denmark No Federal Republic of Germany Yes Parties which, by reason of their aims or by the behaviour of their adherents, seek to impair or abolish the free democratic basic order or to endanger the existence of the Federal Hepublic, aro unconstitutional: dccisionsregarding unconstitutionality are taken by the Federal Constitutional Court (GG § 21. 2) The extreme right-wing SRP (Sozialistiche Reichspartei) and the German Communist Party (KPD) are banned. France No Ireland Yes The Registrar of Political Parties must be satisfied that each party is genuine and is organized to contest elections (Section 13 EA 1963}. Italy No 'Secret associations and associations which pursue political ends, even indi rectly, be means of a quasi-military organization are prohibited.' (Cost. Art;. 18. 2) This section of the Constitution relates to criminal associations but not to parties in the constitutional sense. Luxembourg No No No Dc.-mrs.rs/ac - 24 - IV. OPERATIONS PRELIMINARY TO ELECTIONS l3cLyium '.!'he boundaries of the 30 constituencies are fixed by law. Denmark The boundaries of the constituencies are fixed by law. There are three electoral districts (Greater Copenhagen, the Islands and Jutland), which are each subdivided into 17 constituencies, these being further subdivided into 103 wards. Outside the Danish mainland there are two elector.al districts (with ·tWo se.titEi each), i.e. the Farces and Greenland. Federal Republic of Germany The boundaries of the 248 constituencies are determined by the Standing Boundary Commission appointed by the Federal President (B'TahiC' § 3) and are fixed by law (BWahlG § ·.~). France The boundaries of the 470 constituencies are determined by the Ministry of the Interior • (LO No. 72 521 of 29 June 1972). and must be approved in a law adopted by Parliament (Const. Art. 34). rrel anrl The boundaries of the constituencies (currently 48) are fixed by law (Const. Art. 16). Italy The boundaries of the 32 'circiscrizioni' were determined by presidential decree (Presidential Decree of 30.3.1957, No. 36la). Luxembourg Under the Constitution the country is divided into 4 constituencies (Const. Art. 51). Netherlands •rhe boundaries. of the 18 constituencies are fixed by law (Kw. Art. E 1). l.ln i L<•d Ki nqdom The boundaries of the 635 constituencies are fix<'d by law '(Hou~··r,·~om.ro.ona (Rt!'distri- 11111 if.>ll of ·-;cal~;~) /\cl"" 194'1 and l'J58) De.-mrs.rs/ac - 25 - IV. OPERATIONS PR~LIMINARY TO ELECTIONS 1. (u) criteria for the determination of constituency boundaries The ratio of representatives to population is Belgium determined by law. There must be at least one representative for every 45,200 inhabitants (Canst. Art. 49). Denmark The capital is divided into three large con stituencies. The other 14 constituencies conform to the boundaries of the county boroughs (vgl. § 17.2). Seats are distributed among the~ .~.U.!..!l.~J~Jes. in accordance with the following criteria: number of inhabitants, number of elec tors and area of constituency (grl. § 31.3; vgl § 17) Federal Republic of Germany -Each constituency should be a coherent whole; -'Land' boundaries must be respected; -The population of a constituency should not deviate from the average by more than 33%; -c·ommune, district and town boundaries should be respected wherever possible (BwahlG § 3). France The individual departments are divided into a number of constituencies corresponding to the number of representatives to which they are entitled by the size of their population (LO No. 72-521 of 29 June 1972). No department may have fewer than two deputies. Ireland -There must be at least one'Member of the Dail for every 30,000 inhabitants- (Const. Art. 16.2.2); -There may not be more than one Member for 20,000 inhabitants (Canst. Art. 16.2.2}; -The number of inhabita:1ts represented by a Member should - so far as is practicable - be the same throughout the country (Const. Art. 16.3 ); -No constituency may send fewer than three members to the Dail (Canst. Art. 16.2.6). Italy Constituency bounda~J:es are drawn up on the basis of provincial boundaries {Annex to TU No. 361) Luxembourg The Electoral Law stipulates that tnere shall be one representi!tive fm: no fewer than 4,000 and no more than 5,500 inhabitants (Conmt, Art, 51). De.-mrs.rs/ac - 26 - IV. OPERATIONS PRELIMIN~RY TO ELECTIONS 1. (a) Criteria for the determination of constituency boundaries (cont.) Nether lands The constituencies coincide with the provinces·, with the exception of Gelderland and North Brabant, which are divided into two, North Holland, which is divided into three and South Holland, which is divided into four constituencies (KW Art. E 1; Table A). United Kingdom - The number of constituencies was fixed at 625 (RPA 1949) subject to variation by Order in Coun cil; in 1970 it was1 fixed at 635: -Administrative boundaries should be respected; -constituencies should be of similar size in terms I; of population. (House of Commons (Redistribution of Seats) Act 1949, Section 2, 2nd sch.) Dc.-mrs.rs/ac - 27 - IV. OPERATIONS PRELIMINARY TO ELECTIONS 2. glectoral authorities (at locaL regional and national level) Belgium The principal constituency office is chaired by the president of a court of the first instance or the Justice of the Peace; the president appoints four advisory members, four deputy advisory members and a secretary. It alone is responsible for preparations for the election and the general counting of votes cast in the cantons form ing part of the constituency. The principal aanton office is chaired by a judge, who appoints the chairmen and advisory members of the counting offices and electoral offices; It: is principally responsible for supervising electoral opera! ions and is the recipient of the results of counting al canton level. The counting office is located at the chief town of the electoral canton and comprises a chairman, four advisory members and a secretary. The polling stations are staffed by a chairman, four advisory members and a secretary. The college of the mayor and aldermen is in charge of the electoral register. On 1 April of each year it draws up and publishes a list of electors. ·rile •r.ornmissaire d' arrondissement' has various administrative d11llea al consLiluency level. oe.-mrs.rs/mc -28- IV. OPERATIONS PRELIMINARY TO ELECTIONS ?.. El<,cto_r~_l__i_!_uthl~JU!2.:! (at local, regional and national level) (cont.) IJ<:mmurk l·:ach wurd haH an election committee consisting of members of the local councils in the district concerned and possibly voters resident in the ward (vgl. § 18). The election committee prepares the elections, i.e. - announces the polling date (V.gl. § 39) r - redeives nominations (~gl. § 19) r - checks that candidates fulfil the legal requirements (vgl. § 19) r - submits valid nominations to the 'county governor' (vgl. § 19)' - decicleH wh.i ch votes arc invalid (vgl § 39); - declares the result of the election within the ward (V.gl. ~ 39); The 'Amtmand' (county governor) is appointed by the Crown. - He is informed by the parties of tl:e candidates they have nominated (vgl. § 22). - The individual election committees submit to him the names of ward candidates (vgl. §§ 19 and 22). - He informs the election committees in the individual wards which candidates are standing (Vgl. §22). The central election authority is the Ministry of the Interior which -registers the parties (~gl. §'23.2-4), - allocates seats (vgl. §§ 42-48) and - forwards letters to the successful candidates confirming their election (vgl. §·49). /JI· .. -{(IT."~ .. r:;/.t(' - ~·) - IV. OPERATIONS PRELIMINARY TO ELECTIONS 2. Electoral authorities (at local, regional and national level) (cont;) l•'"d"ri~l H<•jHiiJiic or 'l'he Pllnel of presiding officer,s is &fmOinte.& by_ the c:•·nuhny Land Government or by an aut9~1ty deleqat~d by tho !.and Govornment (aWahlG 'IS'9), It - r·nHur•·H that the election is carried out in du0 The constituency returninq officer (appointed in the same manner as the presiding officer) - receives and examines nominations f6r the constituency (IW!I!'~t_lG ~-§- "19 ~-:-25-) ; __ : - announces the nomi~atio~s (.B~ahl(; __ ~ _3~}!.~ __ _ - _in_f_orm_l2 t):le __ !3~!;_:ces~f_lll. ,can¢l¥lates of ,·tbeJ;_~ election and_j.nvites them·to announce their acceptance . (_J;3W!ilhl. G § 41- • ~.)_,___ The constituency election committee (appointed in the same manner as the presiding officer) - assesses the admissibility of nominations (BWaiUG . § 26); - can verify decisions of the presiding officer concerning the validity of votes (BWehlG § 4o); · - declares the election results in the constituency (~WahlG § 4'1)., The 'Land' returning officer (appointed in the same manner as the presiding officer) - announces the holding of the election and calls for the submission of lists (BWahlO §·29); - r_eceives and checks the lists (BWahlO §' 19); -announces which 'Land' lists have been approved (BWahl? §39); - informs those elected and calls on them to accept their election (BWahlG § 42.3). 'l'hc 'Land' election committee (appointed in the same way as the presiding officer) - assesses the admissiblity of the 'Land' lists (BWahlG § 28.1); - assesses appeals against decisions of the constituency election committee (BWahlG §26.2); - declares the result of the election in the Land (BWahlG § 42). The Federal election committee (appointed by the Minister of the Interior) - decides which parties meet the conditions for participation in the election (BWahlG § 18.3); - assesses appeals against the decisions of the - 'JO - IV. OPERATIONS PRELIMINARY TO ELECTIONS 2. Electoral authorities (at local, regional and national level) (Cont.) <:ormany (con l.. ) 'J.and' election committee (BWah1G §28.2); - decides how many seats are to be allocated to the individual 'Land' lists and which candidates are elected (BWahlG § 42. 2}. France The electoral bureau consists of a chairman, at least four assessors and a secretary appointed from among the electors of the commune. The chairman is the mayor, a deputy mayor or a councillor. The assessors are appointed by the candidates. The electoral bureau is responsible for the conduct of the election. (R. 42-44) The administrative committee consists of the mayor of the commune, a represen tative of the administration and a representative of the council. It rev ic:ws the electoral reqister annually !Jc,qinniiHJ on l December (CE Art·. L. 17). Ireland 'Phe returning officer appoints a presiding officer for each constituency; the latter may be assisted by clerks (Section 35 EA 1923~ The returning officer is the county registrar responsible for a constituency provided the constituency has no sheriff; where there is more than one registrar the returning officer is appointed by the Minister of Local Government (Section 11 EA 1963). His duties are: - to receive the writ issued by the Clerk of the D~il (Section 12 EA 1963) - to give public notice of the holding of an election and invite nominations (Rule l, Part l, 5th Sched. EA 1923), - to receive and rule on nominations (Rules 6 and 9), - to provide local polling stations (Section 31 EA 1923), - to issue poll cards (Section 23 EA 1963), - to ensure that the secrecy of the ballot is maintained, - to conduct the count (Section 27 EA 1923), - to declare the result of the election (Rule 43, Part I, 5th Sched EA 192~.-section 12 EA 1963)' - to certify the return of members elected to the clerk of the Dail (Section 12 EA 1963). - 31 - IV. OPERATIONS PRELIMINARY TO ELECTIONS 2. Electoral authorities (at local, regional and na£ional level) (cont.) Italy At local level The local election committee reviews the electoral registers every six months (Art. 16 TU No. 223) It is formed by the local·councii and consists of the mayor and four other members of the local council (Art. 17 TU No. 223) ; - The mayor informs the population of the Presidential Decree opening the election campaign and checks the registration of electors and candidates in the registers and lists (Art. ll and 30 TU No. 361; Art. 8 and 9 TU No.223); - The governing body of each electoral district is responsible for the smooth running of the election (Art. 44 TU No. 361). Its chairman is appointed by the president of the Court of Appeal (Art. 35 TU No. 361), its members by toe chairman and the local election committee (Art. 36 and 37 TU No. 361). At regional level - The district election committee has no equivalent in other countries. Its area of jurisdiction is idc•nl: i.cal b) Eormer court districts. rt cone i BtH of a chai.rmai1 (a presiding judge) and four ot:her members appointed by him (Art. 22 'l'U No. 223). The mayors submit to this committee the electoral registers of each electoral district for scrutiny (Art. 28 TU No. 223) It assesse.s .applications concerning entries in or deletions from the electoral registers (Art. 29 TU No. 223). It assesses appeals against action by the local election committee, i.e. it· supervises all the latter's activities (Art. 29 TU No. 223). The central constituency office consists of three iudges, one of whom is chairman; they are appointed by the president of the Court of Appeal (Art. 13 TU No. 361). Lists of candidates must be submitted to this office, which ~entitled to reject candidates (Art. 22 TU No. 361). It is the appeal body for the governing bodies of the electoral districts and takes decisions regarding doubtful votes (Art. 76 TU No. 361). It declares the number of votes cast for each list and allocates seats (Art. 77 TU No. 36). JH,. -rnn:. rn/ilc - :J2 - IV. OPERATIONS PRELIMINARY TO ELECTIONS :1.. !U!.:..~tor,:~_authorities (at local, regional and national level) (cont.) ltaly (cont. ) It ascertains the number of remaining votes (supernumerary seats) and informs the central national election office of the number of seats not allocated and of the percentage turnout (Art. 77 TU No. 361). It corrects the order of candidates on the lists (Art. 77 TU No. 361). At national level The central national electio:1 offi.ce is set up within the Court of Cassation and consists of one departn~nt head of the Court of Cassation and four cotlnci I l.orH appointed by the First President oE the court (llrt. 12 TU No. 361). It assesses appeals against action by the central constituency office (Art. 23 TU No. 361). It declares the totat number of votes cast for each list and allocates the supernumerary seats (Art. 83 TU No. 361). Luxembourg Each ward(subdivision of constituency) has at least one election office, usually chaired by a judge, who appoints four other members from ,among the electors and a secretary (LE Art. 54-56). The election nffice is respon~ible for the organization of the election and the counting of votes (LE Art. 68-81; 116-127). There is a principal elect-ion office in the principal town of each canton. It is chaired by the president of the district court or a magistrate representing him (LE Art. 55). Other members are judges, according to rank, or persons appointed from among the electors by the chairman (LE Art. 56-58). The principal election office is responsible for organizing the elections, announces the names of successful candidates and receives appeals (L EArt. 52 and 106-108). - "33 ..:. IV. OPERATIONS PRELIMINARY TO ELECTIONS 2. Electoral authorities (at local, regional and national level) (cont.) Netherlands l\t local level The communes are divided into electoral districts controlled by an election offi~e consisting of three members (KW. Art. E 3.2). The commune executive, consisting of the mayor and the aldermen, appoints the members of the election offic~ from among registered electors in the commune (KW Art. E 4). The election office is responsible for the smooth running of elections (KW Art. I 39.1) - counting the votes (KW Art. L 6) The chairman of the election office announces the result for the electoral distric~ (KW Art. L 9.1) At reGional level Each constituency is administered by a principal election office consisting of five members. It is chaired by the mayor of the commune in which the office is located. Four members and three deputies are appointed for a term of five years by the Minister of the Interior (KW. Art. E 6) The prinr.ioal elect:~ - is responsible for the second cou~t of votes (KW. Art. M 4.1); - establishes how many votes 'the various lists (KW. Art. M 4.1 b) and candidates (KW. Art. - M 4.la) have obtained; - can order a recount (KW. Art. M3) on its own initiative (KW. Art. M 3.1) or at the request of one or more electors (KW. Art. M 3.1). At national level The central election authority in The Hague comprises five members and three deputies and is appointed by the Crown ror a term of four years (l and candidate (l De. -mrs. rs/ac - 34 - 1 V. OI'J-:1{/\'1'1 ONS Pln:J.I.M.I N/\I{Y '1'0 1·:1,\·:C'l'JONS (cont.) /. l~<:<.'lor·n_l ;lltlilc>t·itic·H (aL lor~al, t" Netherlands (cont.) - allocates seats to the candidates elected (KW. Art. N 19) - announces the overall result of the election (KW Art. N 21). United Kingdom A returning officer is responsible for the conduct of the election in each constituency (Section ::16 t:tPA 1949 (Scotland arid N. :tr-ehrid) ;· Section 40 Local Government Act 1972 (England)). In parlia- mentarv elections this is - the sheriff in county constituencies the mayor in London borough constituencies - the chairman of the district council in other borough constituencies His duties are as follows: - to receive the parliamentary writ (PER 3) - to publish notice of the election and invite nominations (PER 6) - to receive nominations and deposits, and decide as to their validity (PER 13) -to publish a statement of nominations (PER 15). In the event of contested elections (i.e. when there are more candidates than seats, as is usually the case) - to arrange postal ballBts (PER 25); -to appoint presjdjng officers (PER 27); - to issue poll cards (PER 29) ; - to supervise declarations of secrecy (PER 32); - to supervise the conduct of the count (PER 45) ; - to determine void ballots (PER 48) ; - to declare the result (PER 51); - to return the writ (PER 52); - to deliver voting documents to the Clerk of the Crown (PER 56); - to declare the result of the election in the constituency (PER 51). DE:. -;:I s. r s) a c -35- IV. OPERATIONS PRELIMINARY TO ELECTIONS 3. Polling date (a) Who fixes it? Belgium The executive by- royal decree (CE -Art. 106) The Prime Minister (formally the I l•'c' <'IJIITJtersigned by the Federa·l Chancellor ltKi A1·t. 'iB). 'l'h~ gc••rernment, within the limits set by the Constitution. lly or Italy The President of the Republic (Art. 3 TU No. 361) Luxembourg The government, witpin the limits set by the constitution. ·Netherlands The day of the election is governed by law (KW Art. F 1 and I 1). United Kingdom The election must take place within 17 days of the date of the proclamation summoning the new Parliament {PER 1). Dr~. -rnrs. rs/uc - 36 - IV. OPERATIONS PRELIMINARY TO ELECTIONS 3. Polling date (b) Is a specific day of the week prescribed for polling? Belgium Yes. Sunday (CE Art. lOS) Denmark No. Normally Tuesday l•'edera l ·Rcpubl ic of Yes. Sunday or public holiday (EMahlG § 16) Ci••rmany Yr•H. Sunday (L. 55) Ireland No. Traditionally Tuesday, Wednesday or Thursday (Section 24 EA 1963) Italy No. Normally Sunday and Monday morning. Luxembourg Yes. Sunday (Law of 27 July 1956) Netherlands Nominations must be submitted by·, the second Tuesday in April (KW Art. F 1). The election takes place on the 43rd day after that date (K'W;Art. I 1), i.e. on a Wednesday. No. 'l'ritcliLion.1lly Thursday Dc.-mrs.rs/ac - 37 - IV. OPERATIONS PRELIMINARY TO ELECTIONS 4. Electoral registers Belgium The college of the mayor and aldermen. (CE Art. 10 and 17) Denmark The local council (igl. § 3.1) Federal Republic of The local authority (BWahlG § 17r BWahlO §§ 13 Germany et seq.) France The administrative committee (CE Att. L. 7) Ireland According to government area either the county council or the county borough corporation (Section 7 EA 1963) Italy The local election committee (Art. 5 TU No. 223) Luxembourg The college of the . mayor Rnd aldermen (LE Art. 6) Netherlands The commune executi·,e (KW. Art. o' 1) United Kingdom The registrction officer (Section 7 RPA 1949) IJ<:. -mrs. rs/ac - 38 - IV. OPERATIONS PRELIMINARY TO ELECTIONS 4. Electoral registers (b) Who is included in them? Belq.ium All nationals entitled to vote who have resided in the commune for at least six months (CE Art. 10). Denmark All persons entitled to vote (vgl. §3.1). Federal Republic of All electors registered on the 35th day before the Germany election in a ward of the commune concerned (BWahlO .§ 15). Special provisions - for persons who change their domicile between the abovementioned date and.the date of the election '(BWahlO § I5) - for members of the public service working abroad and having no address in Germany (BWahlO §_16). - All electors whose actual residence is in the commune or have resided there for at least six months; - Persons who are included for the fifth consecutive time in one of the four lists for direct taxation or in the list for services rendered in kind; - Persons who, though not resident in the commune, have declared their desire to exercise their right to vote in that commune (CE Art. L.ll) Ireland All persons having Irish citizenship on 15 September who reside in the constituency and are.lB years of age by the 15 April following the date on which the register comes into force (Section ~-EA 1963; Section 5 Registration of Electors and Juries Regulations Act 1963). ltaly Nationals who are entitled to vote and are registered in the commune (Art. 4 TU No. 223). Luxembourg All electors resident in the commune (LE Art. 6). Netherlands All electors resident in the commune ( KW Art. B 2). United KincJdom All electors (Section 8 RPA 49). IV. OPERATIONS PRELIMINARY TO ELECTIONS Belgium Any elector wrongly entered, omitted or deleted or whose name, forename, occupation or residence is entered inaccurately in the register can lodge an objection with the college. Objections to the latter's decision may be lodged with the Court of Appeal (CE Art. 27). Appeals against the decision of the Court of Appeal may be lodged with the Court of Cassation (CE Art. 38). Denmark The question of inclusion in or exclusion from the register can be raised before the courts (vql. § 15). Federal Hcpublic of The electoral register must be made available for Germany public scrutiny between the 20th and 15th day before the election (BWehlG § 17). During this period objections may be lodged with the local authority regarding inclusion or non-inclusion. An appeal against the decision of this authority may be lodged with the constituency returning officer, whose decision is final, except where electoral scrutiny is carried out (BWahlO § 19). France Electors may submit object~ons concerning electoral registers to the administrative committee. An appeal can be made against its decision to the local magistrate. An appeal may also be lodged with the Court of Cao;sation (CE Art. L. 25-27). 1 rol Italy Appeals against the electoral registers are made first to the district election committee (Art. 20 TU No. 223), then to th~ court of Appeal (Art. 42 TU No. 223) and finally to the Court of Cassation (Art. 45 'I'll No. 22:!). II''· -rnr!:. r;:f;,.· - 4() - IV. OPERATIONS PRELIMINARY TO ELECTIONS 4. Electoral registers {c) Is it possible to objectto electoral registers? (cont.) Luxembourg Voters must lodge any objections to the electoral registers with the college within 10 days. (Entries are closed on 30 April.) Any person wrongly entered, omitted or deleted and any third party may lodge an objection to the college's decision with the Justice of the Peace. There is a right of appeal to the Court of Cassation (LE Art. 10, 17, 18 and 36). Netherlands Applications for correction of the electoral registers may be submitted in writing to the commune executive (KW. Art. D No. 8 and 9). An appeal may be made to a court against the decision of the commune executive (KW. Art. D No. 10- 12). United Kingdom An appeal against the registration officer's decision on inclusion or omission may be made to the county court and then to the Court of Appeal (Section 45 RPA 1949). De.-egs.rs/ac - 41 - IV. OPERATIONS PRELIMINARY TO ELECTIONS ,. '· Nom i. na L i unH ( ,, ) l3clgiurn List candidates (CE Art. 115) Denmark List and individual candidates possible { (approximately 17,00~ (vgl. Art. 23) l·'r,dt:ra 1 l{l)rJ\1 b I i c I) r Candidates stand as individuals for the 248 r;r,nnvny di.rec\:ly-clcctod Heats. In gent'ral, however, they arc proposed by parties (BWahlG § 20). List candidates stand for the remaining 248 seats. 'Land' lists may only be submitted by political part.ies (lWahl.G 5 i4}. A candidate may stand both for a directly elected seat and as a list candidate. France Individual candidates (CE Art;.. L. 123) Ireland Individual candidates (Schedule 5, Rule 3 EA 1923; supplemented by Se::=tion 21 EA 1963) J taly r..ist candidates (Art. 1 TU No. 361) 1.uxnrnhou rq J.ist candidates (Conf;l. Art. 51) Netherlands List candidates (KW. Art. G 5) United Kingdom Individual candidates - tl~ ... IV. OPERATIONS PRELIMINARY TO ELECTIONS 5. Nominations (b) Formal conditions Belgium -The lists must bear the signatures~ 200, 400 or soo electors, depending on the .HconstiFuericy · - (CE Art. 116). - The lists may not contain more candidates than there are seats available in the c: onstituenr.:y, and no more than twice as many substitute candidates, and are submitted three weeks before the election date to the principal ·constitu_encv· o'ffice by a signatory on the list who is appointed by the candidates (CE Art. 115, 117). 11•, 11rna rk - Each candidate nrust be nominated by 25 to 50 uJt,ctorB in his ward by 11\eans of a written [WUJ<)ni!ll declaration (vgl.. § 24). - Nomi nat.i en& must be etbmittad at the latest LO day:~ before the election and must b~;> signed by the candidate and those nominating him (vgl.§ 25.). Federal Republic of - Constituency nominations may b~ submitted in GE.:rmany writing to the constitu~.E__c:y: __ ~j!!t!Jrnin France -Candidates must'submit a declaration containing their signature, . surname and first.· name,· place of birth, date of birth, place of residence and occupat ·to the. prefecture a minimum of 21 days before the commencement of the-elections. The same details mus be given for the subs.titute candidates (CE Art. L. 154,' .155). :- _Ec!._cil candidate must place· a deposit of L boci francs, which -i~ refundeci"only if he-obtains at least 5% of the valid votes-cast--TcE--Ar~L. 158). ·''"· -egs. rs/ac - 43 - IV. OPERATIONS PRELIMINARY TO ELECTIONS 5. Nominations (bi Formal conditions (cont.) Ireland - Nominations must be received by the appropriate returning officer by 12 noon on the 9th day after the day on 'i Italy A candidate may not stand for election in more than three constitueneies (A-rt. 19 TU No. 361). - The list of candidates for each constituency must be submitted bearing a minimum of 500 and a maximum of 1,000 signatures of the electors of the constituency (Art. 18 TU No. 361). - A list must comprise at least three candidate:;;, but not more than than ·there are seats for the constituency (Art. 18 TU No. 361)" Luxembourg -A party's list of nominations may contain no more candidates than there are seats to be filled (LE Art. 106). - Each list must bear the signatures of 25 electors. registered in the constituency.(LE.Art. 105). - candidates·', must. submit declarations of acceptance of nomination (LE.Art. 106}. - Each candidate must nominate a deputy who fulfils the conditions of elegibility for election · (LE Art. 106) • - The list of nominations must ~e submitted to the Justice of the Peace for gcrutiny (LE. Art. 107) . Netherlands - candidates are nominated on party lists (fixed) for each constituency, v1hich. must bear the signatures of at least 25 citizens (KW. Art. G 6). - A list may not contain more than 30 names (KW. Art. G 8.3) - A deposit of 1,000 guilders must be placed for each list of candidates (KW. Art. G 14.1). This is refunded only if more than 75% of the quota goes to the list concerned (KW. Art. G 14.3) ' l)£o. -cgs. n~/ac - 44 - IV. OPERATIONS PRELIMINARY TO ELECTIONS 5. Nominations (b) Formal conditions (cont.) united Kingdom - Each candidate submits a nomination paper to the appropriate returning officer (PER 7). - It must be submitted no later than eight days after the proclamation su~oning the new-:Jiirliament (PER 1). - It must be signed by a proposer and a seconder and by eight other electors of the same constituency tper 8). - The nomination must be accompanied by a deposit of £150 which is not returned unless the candidate obtains one eighth of the total votes cast (PER !0 and 54)-. De. -egs. rs/ac - 45 - IV. OPERATIONS PRELIMINARY TO ELECTIONS 6. Election campaigns (a) l•'inanclng by the stnto Belgium No provisions Denmark No provisions Federa~ Republic Election campaign costs are calculated as a lump of Germany sum on the basis of DM 3.50 per elector (ParG ·§- 18.1). This sum is distributed to the parties in proportion to their share of second votes ce.st. Only parties which have obtained a minimum of 0.5% of the second votes, or 10% of the first votes cast in a constituency if they have not dra'l'm up 'Land' lists are considered i(ParG . § 18. 2); In certain circumstances independent candidates may also claim the reimbursement of costs. · r-;r~:;_:; :7··. p·:,rf~.;·:;~~~;~~t.-·;:~:~-..~-~:.>,7-·;:r.';~~-~- i·:-: France The state reimburses cand~dates obta~n~ng a m1n~mum of 5% of valid votes cast, for the cost of paper, pr~ing of ballot papers, election paste~ leaflets and displaying election posters (CE-xrt.:-r;-::-T66---.-~ 167) Ireland The state provides for the - use of school rooms free of charge in the period between the issue of the writ and polling day; - postal distribution free of charge of one leaflet to all registered electors in the constituency (EA 1923) . Italy Election campaign expenditure is covered by the State (Law of 2.5.1974 No. 195; ·Article 120 TU No.361) Luxembourg No provisions Netherlands No provisions United Kingdom The state provides for the - use .of public buildings for election meetings i (Sections 82 & 85 RPA 1949). - 'th:e-P<>stal-Ciii:it~:ij)\it.Ton~~-e'e -6£i'£®i\:fe~6~,;~ar ,, : leaflet per elector (Section 79 RPA 1949). r De.-ega.rs/cod -46- IV, OPERATIONS PRELJM.INARY TO ELECTIONS 6. Election campaigns (b) Statutory provisions governing election campaign expenditure Belgium No provisions Denmark No provisions Federal Republic No provisions of Germany France No provisions Ireland No provisions Italy Election campaign expendib.1re is limited by statute (Law of 4 April 19~, No.212) Luxembourg No provisions Netherlands No provisions United Kingdom The sum which. each candidate may· spend on his election campaign is limited by statute: - £1,075 plus 6p for every 6 registered electors in a county constituency; - £1,075 plus 6p for every B registered electors in a borough constituency (Section B RPA 1969; Section 1 RPA 1974). candidates' personal expenses are not included in this sum, but many not exceed £100 (Section 62 RPA 1949). - Election campaign expenses may, with certain exceptions, only be paid by the candidate himself or his election agent (Sections 61 and 63 RPA 1949) . - A statement of expenses must be submitted to tne returning officer. Deliberate falsification of this statement is a punishable offence (Section 69 RPA 1949; Section B RPA 1969). The candidate or his agent must also make a declaration as to expenses to a magistrate (Section 70 RPA 1949; Section B RPA 1969) De.-egs.rs/cod - 47 - IV. OI?IUU\TIONS PRELIMINARY TO ELECTIONS 6. Election campaigns (c) Duration of election campaign Belgium No provisions Denmark No provisions Federal Republic of Germany No provisions France The campaign begins 20 days before the elections (CE Art. L. 164). Ireland No provisions Italy No provisions Luxembourg No provisions Netherlands No provisions United Kingdom No provisions ·- 4H - lV. OPERATIONS PRELIMINARY TO ELECTIONS 6. Election campaigns (d) Access to media and industrial premises Belg~~m Broadcasting time on the RTB-BRT (television) network is made available free of charge >·- · according to the relative atrength. of pairiTes applying for such time. No· further provisions. D~nmark After proclamation of elections, t.he state television and radio authority determines the amount of broadcasting time to be allotted to the political pli'!ti.es during the election campaign. Apart from this, politicians are permitted no broadcasting time during this period. No further provisions. Federal Republic The broadcasting stations may not themselves of Germany deny access to political parties admitted to Bundestag elections, but they may take account of their importance when allocating broadcasting time· (Federal constitutional court). Political parties are denied access to industrial premises to hold electionlllee~i~[~--c~E. othetwise disseminate information (!etrVG fF45).• T France - FrQnch radio and television allow the PQ1Itical parties and groups bro~asting time ~~~ parliamentary election campaigns. - Before the first ballot, a total of 3 hours broadcasting time is made available to political parties and groups represented in Parliament. This time is divided equally between opposition and government parliamentary parties. - Each party. or political group nominating a minimum of 75 candidates for the first ballot is entitled to 7 minutes' broadcasting time on r!l~J.o and television for the first and 5 minutes for thE;!. second ballot, as long as none. ·'of their .cMdidates is a member of one of the pOl:btical partiei:s: or . groups to whom broadcasting t:Gne· is.alloca.ted in accordance \'lith the previous paiagraph (Ar·f. · 167.1 of the Law of 29 December l9l5£i-·No. 66 - 1022). No further provisions. De.-egs.sr/yp - 49 - IV. OPERATIONS PRELIMINARY TO ELECTIONS (d) Access to media and industrial premises (cont.) Ireland Under an agreement between the political"parties and the broadcasting authorities, the parties have access to radio and television. No further provision~ Italy No ·provisions Luxembourg No provisions Netherlands Political groups with candidates in all 18 constituencies are allocated broadcas·ting time on radio and television by the Minister for Cultural Affairs. Cnited Kingdom From the day on which the dissolution of Parliament is announced no item about a constituency may be broadcast on television or radio in wh'ich a candidate takes part without the consent of all the other candidates at a parliamentary election (Section 9 RPA 1969). There are no other statutory provisions, but the five major poiLtical parties have a 'gentleman's agreement' on the allocation of broadcasting time between parties. [le.-egs.rA/ac - 'iO - lV. OPERATIONS PRELIMINARY TO ELECTIONS 6. Election campai~ns (e) Other rules concerning electoral conduct Belgium None Denmark The Minister of Justice may issue provisions for the maintenance of law and order on the public highway;' in main thoroughfares and in other public places (grl. .§ 82a). Federal Republic Any attempt to influence voters on the premises of the of Germany polling station is prohibited (BWah~G ~32). Otherwise the election campaign is exclusively governed by the general statutory provisions {laws on assembly and the press, penal, police and road traffic laws).· France During the 20 days of the election campaign, the candidates in each constituency are allocated a fixed and equal amount of space for displaying election ponterB (CE'Art. L. 51). The number and size of election posters and the number of display areas are limited by law (CE. Art. R. ae) Two days before the first ballot and one day before the second no further election posters may be displayed (CE Art. R. 26) The use of the national colours of red, white and blue is prohibited on election posters (CE Art. R. 27) Each candidate may distribute to his electors no more than one leaflet of statutorily prescribed size -""CE Art. R. 30). . During the election campaign commercial press advertising is prohibited ( CE Art. +-. 52.1) • Ireland None. Italy The number and size of election posters are governed by law (Law of 4 April 1956 No. 212). Luxembourg None. Netherlands None. United Kingdom Each candidate must have an election agent (Section 55 RPA 1949), who appoints campaign helpers, hires meeting rooms and pays the campaign expenses. The remuneration of persons for canvassing is prohibited (Section 96 RPA 1949). De.-egs.ar/yp - 51 - v. ORGANIZATION OF VOTING 1. Polling hours 13elg.ium From 8.00 a.m. to 1.00 p.m. (CE Art. 142) Denmark From 9. 00 a.m. to 9. 00 p.m. (vgl. § 34} In small communes (under 6,000 inhabitants) a shorter period is permissible. Federal Republic From 8.00 a.m. to 6.00 p.m. (BWahlO ·§ 43) of Germany Where there are valid reasons the 'Land' returning officer may fix an earlier opening time and extend polling hours to 9.00 p.m. France From 8.00 a.m. to 6.00 p.m. (CE Art. R. 41) The prefect may issue special provisions Ireland Between 8.30 a.m. and 10.30 p.m., but not less than 12 hours. The precise time is fixed by the Minister of Local Government and is the same for all polling stations (Section 24 EA 1963). Italy From 6.00 a.m. to 10.00 p.m. on the first day and from 7.00 a.m. to 2.00 p.m. on the second (Art. 46, 64 and 65 TU No. 361). Luxembourg From 8.00 a.m. to 2.00 p.m. (LE Art. 68}. Netherlands From 8.00 a.m. to 7.00 p.m. (KW Art. I 5). United Kingdom From 7.00 a.m. to 10.00 p.m. (PER 1). De.-egs.sr/yp - 52 - V. ORGANIZATION OF VO'fiNG 2. Orga.nization of ballot (a} Postal voting Belgium Not possible. Denmark Limited postal voting (vgl. Chapter VI). Voters (resident abroad) must report to a Danish embassy or consulate or (in Denmark) to a registration office, where they can cast their vote (vgl. §. 56.1 & 5). Special rules apply to hospital patients, prisbn inmates and inhabitants of remote islands and seamen. Federal Repuh 1 ic Available to voters temporarily absent from their of Germany constituency (BWahlO § 22). France Available to voters prevented by occupational, health or other compelling reasons from casting their vote in their own constituency (CE Art. L. 80}. Ireland Available only to members of the armed forces and the police (Section 7 EA 1963). Italy Not possible. Luxembourg Not possible. Netherlands Not possible. United Kingdom Available to persons unable to visit the polling station by reason of the general nature of their occupation, or of physical incapacity or of absence from their qualify ing address for other compelling reasons (Section 12 RPA 1949). De.-egs.sr/yp - 53 - V. ORGAN~~ATION OF VOTING 2. Organization of ballot (b) Proxy voting Belgium Available to invalids, physically handicapped persons, voters unable to visit the polling station by reason of their occupations, and persons detained in a penal institution or unable to visit the polling station for religious reasons, (CE Art. 147a). Denmark Not possible. 'f'he handicapped and blind may, however, be be assisted when casting their votes (vgl. § 35.10). Federal Republic A voter who cannot read or by virtue of ph:'{Sieal 1\and:l:.cap ···:, of Germany is unable to mark the ballot paper may avail himself of the services of a person in whom he has confidence. The latter's assistance must be confined to acting as the voter requests. (BWahlO·! ·,§53). France Available to voters resident abroad or unable to vote for occupational reasons, and certain other categories (seamen, soldiers, civil servants) (~Art.. L. 'Vl). Ireland Blind and physically handicapped persons and illiterates whn are unable to mark the ballot papers themselves may enlist the naeistance of another person (Section ~7 EA 1963). Italy Not possible Luxenibourg Not possible (LE Art. 64). Netherlands Possible (KW. Art. K 1.1). United Kingdom Available ta service voters and their spouses, .,to persons and their spouses who are t$mporarily ~esident abroad for occupational reasons (Section 12, RPA 1949) and to blind persons (PER 40) . De.-egs.sr/yp - 54 - V. ORGANIZATION OF VOTING 2. Organization of ballot (c)Provisions for hospitals, penal institutions, etc. Belgium Invalids may make use of their right to vote by proxy (CE Art. 147 a). Prisoners are not entitled to vote (CE Articles 6 and 7). Denmark (Postal) voting is also available to persons -in hospitals (v~l.§ 56.2) - in penal institutions (vgl. § 56.3) - on small, remote islands (vgl. § 56.4) - on ships (vgl. § 56. 6) Federal·Republic In hospitals, prisons, monasteries, convents, of Germany etc. mobile polling stations may be inatalled (BWahlO § 57 et seq.) . Prance Voters in hospitals, etc. may vote by post (CE Art. L.BO). Prisoners are not entitLed to vote (CE Art. ·L. 5) Ireland No special provisions. Italy - Members of the armed forces may vote in the town where they are stationed (Art. 49 TU No. 361). - Seamen may vote in the port in which they happen to be (Art. 50 TU No. 361)· - A polling station is installed in hospitals having a minimum of 200 beds (Art. 52) . .. In smaller hospitals, votes are colle.cted by the presiding officer of the nearest polling station' (Art. 53 TU No. 361). 1,uxembourg Hospitalized electors must submit evidence to the Justice of the Peace to account for their absence from the polling station (LE A~t. 259). Prisoners are not entitled to vote (LE Art. 4). Netherlands Hospitalized electors may make use of their right to vote by p:ro xy. Prisoners are not entitled to vote (I United Kingdom Hospitalized electors may vote by post (Section 9 RPA l94a). Prisoners are not entitled to vote (Section 4 RPA 196a). De.-egs.ra/cod - 55 - VI. ELECTION RESULTS 1. Authority responsible for the accotmt Belgium The principal constituency office collects the re sults forwarded by the counting offices and an nounces the result of the count of all vo·tes cast - the constituency. \'mere decla~:ations grouping the lists of more than one cons·tituency have:! be~n ad mitted, the central provincial office makes the nece'ssary calculations for the sharing of seats not yet allocated and announces the re8ult (see page 74). Denmark The election committee (vgl. § 39) and the Ministry of the Interior (vgl. §§42- 49}, Federal Republic - The panel of p~esiding offieere datermi~ ~h~ of Germany result of tha vol;~_ .. in his w~rd (BWahlG § 40). - the constituency election committee determines the number of votes polled in the constituency for constituency candidates and the 'Land' list (BWahlG '§ 41) • -The 'Land' election committee determines the number of votes polled in the 'Land' for the individual 'Land' lists, and which candidates have been elected (BWahlG § 42 II) . France 'i'he election offices draw up a declaration giving the election· result, \"hich is posted on the door of 'the election office. The result ia immediately noti fied to the mayo~ then to tlle prefect and finally to the Min1ster tor the Interior (CE Art. R. 67-69) Ireland The returning officer makes a public declaration of the election result in hie conatituenC'.{ (SeCtion 27 EA 1923; Rules 30,31,46 5th Schedule EA 19237 Section 4:1 EA 1963). Italy The president of the central constituency office (Art. 78 TU No. 361). Luxembourg The general election result and the names of the successful candidates are publicaly an."lo,_mced by the presiding officer of the principal election office (LE Art. 125, 141 and 142). Netherlande The princieal el~ction offic~ d$terrninas the result (~1. Art. L.9 and 10). United Kingdom The r.eturning officer declaret:l thl'l :result (PER 51). De.-egs.rs/cod - 56 - VI. ELECTION RESULTS 2. Void ballot papers Belgium - Where other than the. stctutory ballot papers are used; -where the b~llot paper contains more than one vote; - \17here a vote is cast simultaneously for the list and for an individual candidate; - where a ballot paper is marked in such a way as to reveal the identity of the voter (CE Art.l57). Denmark - Where it is not clear for which party or which candidate the voter intended to vote; - where the ballot paper is not the one officially provided; - where the ba*lot paper indicates who the voter is or is othe~ise deliberately marked in a d1otinctive manner (vgl. § 37.3). Federal Republic - In certain cases of error in form; of Germany - where the ballot paper does not convey the intention of the voter unambiguously; - where the ballot paper contains additions or reservations (BWahlG § 39). France - Where the ballot paper is not adequately marked; -where the voter's identity can be established; -where the ballot paper·is deposited in the ballot box without an envelope; - where the ballot paper o:mtains additions (CE Art. L. 66) Ireland - Where the ballot paper does not bear the official mark; - where the ballot paper does not· show a first preference; - where the figure 1 is placed opposite the name of more than one candidate; - where the ballot paper contains any mark· identifying the voter (Section 36 EA 1963) •·. Italy - Where the ballot paper does not contain the number, stamp or signature of a member of the election committee (Art. 58 TU No. 361); - where it is not clear for \17hom a vote has been cast (Art. 59 TU No. 361); D<3.-ego.rs/cod - 57 - VI. ELEGTION RESULTS 2. Void ballot papers (cont.) Italy (cont.) - where preference votea are cast for candidates from other. constituencies or li~t5 (Art. 60 TU No. 361); where the vote is not cast in the polling booth (Art. 62 TU No. 361). Luxembourg - Where other than the statlitory ballot paper is used; - where the ballot paper contains more votes than there are seats to be filled; - where the ballot paper contains no vote; - where the ballot paper contains identifying marks (LE Art. 121). Netherlands - Where other than t."'le offici<".l ballot papt;!r is used; where the vote is not cast in the prescribed manner (KW. Art. L. 7). United Kingdom - Where the ballot paper does not bear the official mark; where votes ar.e given for more than one candidate; - where the ballot paper contains any marks identifying the voter; where the ballot pa~r is unmarked or is marked ambiguously (PER 48). De.-egs.rs/cod - 58 - VI. ELECTION RESULTS 2. Void ballot papers (a) ~djudicating authority Belgium The counting office or its presiding officer (CE Art. 156). Denmark The election committee (vgl. ~ 39). Federal Republic The paneT df presiding a£fic:ers7 the coristituency France The election office (CE Art. L. 65) Ireland The returning officer (Section 36 EA 1963) • Italy Sequence of authorities: - the presiding officer of the polling station (Art. 34 and 35, TU No. 361); - the presiding officer of the ~lect~:~-~ _die.trict (Art. 13 ·ru No. 361); - the central constituency office (Art. 76 TU No. 361); - the central national election office (Art. 12 TU No. 361) r,uxembourg -The election office (LE Art. 120). Netherlands -The election office (LE Art. L B). United I De,-'" egs. sr/yp - 59 - VI. ELEC'riON RESULTS Belgium The Chamber of Representatives alone rules on the validity of the electoral conduct of its members and their representatives (CE Art. 231). If an election is declared void, all the formalities, including the nomination of candidates, must be repeated (CE Art. 231). Denmark The Folketing is the responsible authorit·y (grl. §, 33). The decision of the Folketing is pnplllrt~d by a provisional election validatl.Q.n £Oinmittee, which is appointed as soon as the Polketing first sits (Rules of Procedure of the Folketing, Rulea 1,2 - 9). If the Polketing regards the election result in a certain ward as void (vgl. §54), the credenti'a:la of the candidates in the constituency are not verified and a second poll takes place • -- Federal Re9ublic The Bundestag rules on the validlty of electior•s of Germany (GG Art. 41.1; WPG § 1). Complaints may be lodged with the Federal Constitutional Court (GG Art:. -41. 2) The decision of the Bundestag is prepared by an election validation committee appointed by the Bun destag for the life of the Bundestag (WPG § 3). France The Constitutional Council validates the election (Conmt. A4t. 59r Art. 33 et seq. LO of i November 1958). Th~re i3 no right of appeal aqainst the deeiaion of the~ Com1ti tutional Council. Ireland There ie no procedure, as such, for validating an election. Italy The election is validated by the Chamber of Representatives. Its decision is final (Cost. Art. 66; Art. 87 TU No. 361). Luxenlbourg The Chamber decides on the eligibility of its members for election and decides whether tl;l'ey·.~l~ave been duly elected (Const. Art. 57).· . ~· . De.-egs.sr/yp - 60 - VI. ELECTION RESULTS 3. Validation of election (cont.) Netherll.mdfJ The Chamber itself validates the election reF.IultA (Grw. Art. 108: KW. Art. u 7). If the election is declared void, the elected candidates are denied access to the Chamber and the election is repeated within an interval of 1 month · (KW. Art. U 7). United Kingdom Two High Court judges are appointed as the Election Court to rule on petitions questioning an election (Section 108 RPA 1949). This Court informs the Speaker of its decision. The House of Commons either confirms the result of the election or issues a writ for a new election in the constituency concerned (Section 124 RPA 1949.). De.-egs.sr/yp - 61 - VI. !!:LU:C'l'l.ON R8S\.H11' S Belgium An objection to an, election result must be lodged with the Chamber before the verification of credentials . (Canst. A:rt. 34; CE Art. 232). Denmark An objection to an election result must be submitted to the Folketing via the f!!inistry of the Interior on the weekday following the election. The Folketing decides whether and to what extent votes should be recounted (vgl. '§§ 75, 53, 54). Federal Republic An objection to an election result must be of Germany presented to the Bundestag in 11o1riting within one month of the election. It may be submitted by any elector (WPG § 2) . An election is repeated if it is declared wholly or partly 'void by a legal decis:i.on (BWahlG 44). Prance The electi'Jn of a representative can be challenged before the Constitutional Council within ten days of the election by any registered elector in the constituency concerned or by the candidates (CE Art. L. 180). Ireland The election result can be challenged by an elecl::i.on petition. Petitions may be submitted by any candidate or elector. The Election Court decides whether a candidate has been duly elected or whether the election is void. The Court reports its findings to the chairman of the Dail. The Dail must either confirm the election or issue a new writ in the constituency concerned (Parlhimentary Elections Act 1868, as continued by EA 1960). Italy 1\n election may be challenged by applying to the district ele-)ction committees :for the g,raC:isioh ba)i"h9 taken by the central c6netituency~offl'rie. tl1ia Chainbl!lrof Deputies (Arf. 87 TU No. 361). Luxembourg Any objection to the election must be lodged before credentials are verified (LE Art. 89). (LE Art. 89). - 62 - VI. ELECTION RESULTS 4. Contesting the result (contd.) Netherlands Anyone present in the polling station may lodge a complaint against the result of the count. United Kingdom An election may be challenged by the presentation of a petition. £1,000 must be deposited as a security. The procedure takes place in the constituency for whiCh the election result is being challenged. The judges (of the County · Court in the first instance and of the High Court in the second) decide whether or-·not the election is void. The House of Conunons, as the last instance, may decide to supi>ort the Court's decision or not, as the case may be (Sections 107 .to 111, 119 to 159 RPA 1949). D!'l.-ngl'l.t;lr/yp - 63 - 5. By-elections Belgium If a·vac.ant seat in one of the two Chambers cannot be filled by a runner-up (suppleant,, the constituency electoral college meets within, 40 days of the seat' becoming vacant. If the vacancy arises in the three months before the re-election of one or both Chambers, the meeting of the electoral college may only be a:onveneti':by the decision of the members of the Chamber in which the sent has become vacant (CE Art. 106). Denmark No provisions Federal Republic No provisions of Germany France Wh~n a seat in the National Assembly becomes vacant, a by-election is held within three months (CE Art . .i:.o T76-and 1 78) , except during the twelve months preceding the expiration of the powers 9f the Assembly. Ireland No provisions Italy No provisions Luxembourg No provisions United Kingdom When a seat becomes vacant in the House of Commons, it is filled by a by~election. - 64 - VI. ELECTION RESULTS 6(a) When can an elected candidate take his seat? Belgium As soon as his election has been declared valid and the candidate has taken the oath ( CE Art, 2 3 6 ) • Denmark The day of the election (vgl. .§ 75). Federal Republic As soon as the candidate's declaration of of Germany acceptance of election is received by the appropriate 'Land' returning officer, but not before the dissolution of the previous Bundestag (BWahlG § 45). France At the time of the first ordinary or extra ordinary meeting of the new parliament (CE Art. LO 121 and 227). Ireland As soon as the candidate has signed the list of members in the pres~nce of the Clerk of the D~il (D~il Eireann Standing Orders I) . Italy Immediately following the proclamation by the chairman of the appropriate central constituency office (Rule 1 of the Rules of Procedure of the Chamber of 18 February 1971 ·and Art. 78 TU No. 361). Luxembourg At the time of the first ordinary or extraordinary meeting of the Chamber following the election (LE Art. 95). Ne.therlands As soon as he has taken the oath (Grw. Art. 97). United Kingdom After taking the oath of loyalty to the Crown (Section 1, Parliamentary Oath Act 1866 or affirming under the Oaths Act 1888, the member 'signs the test roll. He is then qualified to take his seat. - 6'3 - VI. ELECTION RESULTS 6. (b)In what circumstances does a member lose his seat? Belgium A member may lose his seat as a result of death,· resignation or the dissolution of the Chamber or for reasons of ineligibility or incompatibility (Const. Art. 51, 55, 71; CE Art. 235). Denmark A member loses his seat if he ceases to meet the conditions of eligibility; ·othet.Wise seats are not lost until new elections take place. (grl. § 32) . Federal Republic A member loses his seat in"the event of of Germany 1. invalidity of the election, which is determined by the election scrutiny procedure; 2. revision of the election result, by decision of the Council of Elders of the Bundestag; 3. loss of his eligibility for election; in the event of disqualification owing to an offence against criminal law, the decision is taken by the Council of Elders, in other cases by the election scrutiny procedure; 4. resignation; the decision is taken by the President of the Bundestag, who accepts the letter of resignation; 5. declaration by the Federal Constitutional Court of the unconstitutional nature of the party to which he belongs; decision taken by the Council of Elders of the Bundestag. (For each of these cases see BWahlG § 47). De.-egs.sr/yp - 66 - France A member loses his seat as a result of death, resignation, end of the legislative period, dissolution of the National Assembly, for reasons of ineligibility or incompatibility (Const. Art. 12; CE Art. LO 121, 129 ff, 137 H) Ireland A member loses his seat following the loss of his eligibility for election and in the event of his election being declared invalid by the Election Court. Italy A member loses his seat if he ceases to meet the conditions of eligibility for election, as a result of the dissolution of the Chamber, or on: his death (Cost. Art. 53 ff, 74; LE Art. 144}. Netherlands A member loses his seat when hP. ceases to fulfil the conditions of eligibility for election (KW Art. W 1 and 4). United Kingdom A member loses his seat - when he ceases to be eligible for election; - if he is found to be suffering from mental illness following two medical examinations separated by an interval of six months (Mental Health Act 1958); - if he is found to be unfit for membership of Pi:irliament. De.-egs.flr/yp - 67 -· VI. ELEC'riON RESULTS Belgium 4 years (Const. Art. 51 ~nd 55) Denmark 4 years (grl. , §32.1) Federal Republic -4 years (GG § 39) of Germany France 5 years (Art. 3 LO of 7 November 1958) Ireland 5 years (Const. Art ..16.5; Section 10 EA 1963) Italy 5 years (Cost. Art. 60) Luxembourg 5 years (Law of 27.7.1956) Netherlands 4 years (Grw. Art. 94) United Kingdom 5 years (Section 7 Parliament Act 1911) The power to dissolve Parliament before the end of its term exists in each of the countries. lJ•3.-r.J(jfi.F1r./yp - 68 - PART I ANNEX Vote counting methods The many vote counting methods used can be divided into two main types, on which a number of various methods have been based. _These are the quota method and the largest average method. The basic difference between these two methods lies not so much in the method of calculation - both use the principle of division - as in the result. In their commonest forms quota methods do not usually result in the allocation of all the seats. A number of seats are left over, which then have to be allocated by means of another method of calculation. Divisor methods, on the other hand, invariably permit the allocation of all seats. The quota method This ne thod is based on the principle that a seat should be allocated for a given number of votes. The quota is a quotient: the dividend is as a rule the number of valid votes cast in the constituency, while the divisor can vwry. It is either equivalent to the number of seats to be allocated in the conr-1 ti tuency or this number plus one, two, three, etc. An increase i.n the divl~Jor produces smaller quotas. Consequently, the larger the divisor, the larger. the number of seats which can be allocated by the· quota method. The commonest type of quota method is the Hagenbach-Bischoff method, the quota being obtained by dividing the number of votes cast by the number of seats to be allocated in the constituency plus one. Examples: In a particular constituency ten seats are to be allocated; 330,000 valid votes have been cast for five parties as follows: Party A 98,000 votes Party B 65,000 votes Party c 90,000 votes P<'lrty IJ 50,000 votes Party f·' 27,000 votes Applying the sirnE1e quota method the quota would be 330!000 33,000 10 Parties A B c D E Votes 98,000 65,000 90,000 50,000 27,000 quodiv~ded.b~ a ql.v s 2 seats 1 seat 2 seats 1 seat 0 seats Remainder 32,000 32,000 24,000 17,000 27,000 De. -egr~. rH/yr -69 Annex· (Vote counting methods I·) Vote counting methods (cont.) Only six of the ten seats can be allocated by this method; the remaining four seats must be distributed by a second' method. If the llagenbach-Bischoff method is used, the quota is: 330,000 30,000 10 + 1 Parties A B c D E Vot§.s 98,000 65,000 90,000 50,000 27,000 divided by g;uota gives 3 seats 2 seats 3 seats 1 seat 0 seats Remainder 8,000 5,000 .. 0 20,000 27,000 Only nine of the ten seats can be allocated by this method; the remaining seat must be allocated by a second method. Largest average methods (also known as divisor methods) Here the number of votes obtained by the parties in the constituency or electoral district is divided by a series of numbers (divisors). The seats are allocated according to the size of the resulting quotients. The various methods use different series of divisors as follows: d'Hondt method 1 - 2 - 3 - 4 - Imperiali method 2 - 3 - 4 - 5 - Sainte-Lague method 1 - 3 - 5 - 7 - Adjustment method or modified Sainte-Lagul method 1.4- 3- 5-7- Danish method 1 - 4 - 7 ~ 10 - Examples: Ten members are to be elected in a given constituency; 330,000 valid votes have been cast for five parties as follows: Party A 98,000 votes Party B. 65,000 votes Party c 90,000 votes Party D 50,000 votes Party E 27,000 votes Annex (Vote counting methods II) De.-rnrs.sr/yp - 70 - Vote counting m0thod~ (Cont.) The d'Hondt method produces the following results: Divisor Party A Party B Party C Party D Party E 1 98,000 (1) 65,000 (3) 90,000 (2) 50,000 (4) 27,000 (9) 2 49,000 (5) 32,500 (8) 45,000 (6) 25,000 (10) 13,500 3 32,656 (7) 21,656 30,000 16,666 9,000 4 24,500 13,000 22,500 12,500 7,250 The Imperiali method produces the following results: Divisor Party A Party B Party c Party D Party E 2 49,000 (1) 32,000 (4) 45,000 (2) 25,000 (6) 13,500 3 32,656 ( 3) 21,666 (9) 30,000 (5) 16,666 9,000 4 24,500 (7) 16,250 22,500 (8) 12,500 7,250 5 19,600 (10) 13,000 18,000 10,000 5,400 The Sainte-Lague method: Divisor Party A Party B Party c Party D Party E 1 98,000 (1) 65,000 ( 3) 90,000 (2) 50,000 (4) 27,000 3 32,656 ( 5) 21,666 (7) 30,000 (6) 16,666 (10) 9,000 5 19,600 (8) 13,000 18,000 10,000 5,400 The adjustment method: Divisor Party A Party B Party c Party D Party E 1.4 70,000 (1) 46,428 (3) 64,285 {2) 35,714 (4) 19,285 (9) 3 32,656 ( 5) 21,666 (7) 30,000 (6) 16,666 9,000 5 19,600 (8) 13,000 18,000 (10) 10,000 5,400 The Danish method: Divisor Party A Party B Party c Party D Party E 1 98,000 (1) 65,000 ( 3) 90,000 (2) 50,000 (4) 27,000 (5) 4 24,500 (6) 13,000 (9) 22,500 (7) 12,500 7,250 7 14,000 (8) 9,285 12,857 (10) 7,142 3,857 JJe. -mrs. sr/yp - 71 - Annex (Vote counting methods III) Parliamentary and elec.to:::-a.l systems of Member States BELGIUH ~-1?-llLf - Const:. ~' Const..i.tuU.o11 of 7 February 1831, last amended 1967 to 1971. " CE '" Code !§lec'coral ~= Electoral La'l-1, last amended on 29 ·July 1976. Bicameral system: - Senat, Senaat (Senate') - Chambre des Representants, Karner van Volks ver·tegenwoordigers (Chamber of Representatives) Lcqj.slative term 4 years (Const. Art. 51) 212 (Present. number Art. 49 of the Canst. currently provides that there sh.,uld be one representative for every 45,200 inhabitants) Central provincial office Bureau central provincial College of the mayor and aldermer. College des bourgemestre et des echevins Conati tuency Arz:ondissement Constituency electoral college Coll~ge electoral de !'arrondissement Counting Office Bureau de depouillement Electoral register Liste electorale Full naturalization Grande naturalization Polling station Bureau de vote Principal canton office Bureau principal de canton Principal constituency office Bureau principal d'arrondissement Vote counting method Seats are distribL1ted among t.he constituency lists by the d '.i'iondt. rP.ethod. In the event of equal quotients the seat is awarded to the list with the higher. overall number of votes. In the event of a ti<.:J the seat is Bll.'arded to the older of the two candidates or the ont!E.I polling the 'highet' number of personal 11oter;. Where a list obtains more a eats than it has candidat(HJ and substi tutee, the unfilled seats are diatributed among the lists with the next highest quotients (CE Art. 167, 169) • Where candidates on one or more lists have declared that their l.ist is to be combined v1ith other lists (lists of the same party in diffe.rent constituencies), the d 'Hondt method with counting at constituency level is not used; instead seats are initially allocated by a modified quota me·thod ·in the constituency and the remainder by a modified divisor method at province level. 1 ., See the example on page 74. This has been taken from the practical guide corr.piled by Mr Alfred Delacroix. -72·· Annex (Belgium I) BELGIUM (cont.) For this purpose, the total number of votes cast in the constituency is first divided by the number of seats to be filled to give the electoral divisor. The number of votes on each list is then divided by the divisor to give the electoral quotient. Whole quotients correspond to the number of seats obtained directly by the lists (CE Art. 174). Where all the seats cannot be distributed directly in the constituency the remainder (sieges complementaires) are distributed at province level among all groups of lists which have obtained at least 66% of the electoral divisor in a constituency. The votes are calculated by a special divisor method (modified d'Hondt method), the first divisor aiWa~S being one greater than the number of seats directly obtained by a list and· each -subse<\luent divisor being one greater than its predecessor (CE Art. 176). The supplementary seats are distributed among the combined lists in descending order of quotients. Supplementary seats obtained during the second allocation procedure are distributed within combined lists according to the electoral quotients of the lists in the individual constituencies (CE Art. 177). Wh~t~rn n limt ohtaina moro aoats than it has candidates and substitutes, the unfilled seats are transferred to the qroup's next lists. Where the list in the last constituency still obtains more seats than it has candidates, the remainder are transferred to the list in the constituency with the next highest quotient (CE Art. 177). · ' Seats are usually allocated to candidates on the lists according to the order in which they are entered. The first candidate obtains, in addition to his personal votes, the number of list votes necessary for him to attain the quota for the list, which is obtained bY, dividing the number of votes polled by the list by the number of seats awarded to it plus one. The remaining list votes are added to the personal votes of the next candidate. This method is repeated until all the list votes have been distributed. Where a list obtains more votes than it has candidates, the surplus list votes are awarded to the substitutes (CE Art. 170 and 171). The calculation of 'local fractions' enables the allocation of seats to the various constituencies. De.-mrs.ra/cod Annex (Belgium II) - 73 - l'HOVINCE DU J!AINAUT (32 Jh·prc•cntants) .· ~~ ...... 1\. 0 c D 1!. n . t.llttll t.H,2 u.~ lhte l Ll .. tr. 2 Lh.tr. 3 ~.~, .. & l... lkt ~ Nomhre Ll"to 4 ~·= Dlvl· Sotiali,tet Comrnuui~le' P.S.C. LIWnux Cl~sset Moren net. :it Artor.dbt.cl,n·nt:. .;: d" •r:un :ii -3'::: \'0\t"l ~lt:c::;to· .t i vala.blet raux "'• e~ 0 "'"S3 :r: Chilfm 19.uur. Chitfre<,'J•out. rwt... , Quot. Chillr~ Q1tot. Chiltres Quot. ~~ oz i:lctlQf, clc~l. i:lrctor. l'I<:U, ~lrrtor. lflt'Cl, Chiflr<•lClrctor. 'Juol.Clcct. ~:;; z. "'"''~· Ielect. I ~leewr. loleeL :r: Mon. 7 1511.600 22.372 71.035 3,117 29.320 1,3101 ~~.811 1,460 17.393 n, 777 6. ocolo, 26s! - - 5 2 Soicnies 4 IOI. 602 z5.4oo ·17 .688 1.885 12.793 t/,!ill~f .13.920 O,V4I 13..18.i 0,52(i 3.616 0,142 - - I 3 Tournai-:\lh ll 142.068 23.778 43.582 1.832 18.849 0, 70~ 46.9·10 1,974 27.877 1,172 6.420 0,227 - - 3 3 Charleroi II 25fL 951 23.541 122.280 5,I9·1 39. 8i2 1,693 57.679 2,450 33:873 1,433 4.401 O,I89 786 0,033 9 2 1'huin . •I 7U.201 19.800 30.006 1,518 10.759 0.5~3 24.:120 I,228 II .473 0,570 2.430 0,123 117 0,007 2 2 ---- J-·------·------·--- --t-- 32 7a!l.031 314.UOI Ill. 5U3 185.670 104.001 21.933 20 12 t:hlrtrr., •'IN,:tf.trij,UX pruvind~tux. 314.001 Ill. M13 184.670 10-i.OOI 21.033 f'ullltrrp dt1 HIIJ~N~ 11•-•1111~ h h\ t•u·tnh~ln rdl'ul'liii --· ·------ Fraclions [,:cafes. Mo1111. 4) 0,704 2) 0,65~ 2) 0, 733 I) 0, 777 IX [I r• 6) 0,03fi 3) 0,436 3) 0,488 2) 0,388 Solcnloa. 2) 0,943 I) 0,503 I) O.fi41 I) 0,626 VI v 3) 0,620 xu 2) 0,261 2) 0,470 2} 0,263 l"ourn;~J.i\th , 2} 0,016 I) 0,792 2) 0,087 2) 0,686 VIII IV !II 3) 0,610 2) 0,396 3) 0,658 3) 0,391 Charleroi , 6) 0,,865 2) 0,6·17 3) 0,817 2) '0,719 I . VII 7) 0, 742 3) 0.5~·1 4) o.ns~ ~~ 0,479 1.• TI1uin 2) 0, 759 1) o.r>~3 2) O,tU4 1) 0,57u X XI 3) 0,506 2) 0,271 3) 0.409 2) 0,289 DENMARK - grl. • grundlov ~ Constitution, of 5 June 1953, - vgl. 'ltalglov = Electoral Law, of 10 August 1970. Parliament Unicameral system: Folketing (House of Representatives) Legislative term 4 years (grl. $ 32, 1) Number of members 179 (i.e. for a population of approx. 5 million, one representative for 28,000 inhabitants) Ballot paper Stemmeseddel Constituency Valgkreds Constituency seat Kredsmandat County Borough Amtskommune County Constituency Amtskreds County governor Amtmand Election Committee Valgbestyrelse Electoral District Hovedomr~de Electoral register Valglisto: Large constituency Storkreds Presiding officer Valgstyrer Provisional election Forel¢bigt udvalg til validation committee valgs pr¢velse Registration office Folkeregister ward Opstillingskreds Vote counting method In each constituency, the seats are shar To decide which candidates fill a party's seats, a candidate is credited with all the personal votes given to him, plus his party's votes in the di.atrJct where he appears first on the list. The candidates obtaining the moat votes are elected; the rest, in the order of their votes, serve as substitutes in case of a casual vacancy in that cons_j:~t:,uency. - 75 - Annex (Denmark I) A party may, however, change this in two ways; it may place all its candidates in a constituency on an equality, making their election depend solely on their personal votes and not on their position on the ballot paper. Or it may place all its candidates in a constituency in a !' definite order. In that case, a quota is obtained by dividing that party's I total votes in the constituency by one more than the number of seats it has won, and any candidate whose personal votes reach this quota is elected. Any surplus votes he may have are transferred to the candidate the party has put next in order, and if all seats are not filled in this way, votes are similarly transferred from the candidate(s) with the fewest votes. FEDERAL REPUBLIC OF GERMANY Legal bases GG ~ Grundgesetz = Basic Law of the Federal Republic of Germany of 23 May l'J49. - BWahlG "' Dundeswahlgosetz '" Federal Electoral Law of 7 May 1956, as amended on 1 September 1975. - WPG = Wahlprtlfungsgesetz = Law on the Valida.tion of Elections of 12 March 195J - ParG = Parteiengesetz = Law on Political Parties of 24 July 1967, as amended on 24 July 1974. - BWahlO Bundeswahlordnung Federal Electoral Code of 3 September 1975. BettVG Betriebsverfassungsgesetz Law on the Constitution of Enterprises oJ 11 October 1952 BV•erfGG == Bundesverfassungsg·erichtsgesetz Law on the Federal Constitutional Court of 3 February 1971 Parliament Bicameral system: - Bundestag (House of Representatives) - Bundesrat (representation of the governments of the Ll:i.nder I which appoint 45 delegates) Legislative term Four years (GG Art. 39) Number of Members 518 z..Iembers in all. 496 Members with full voting rights, plus 22 Members appointed by the Berlin House of Representatives, not fully entitled to vote. (This means that, with a population of 60 Million, there is one representative for every 115,000 irihahitants.) commune Gemei.nde (•onHI:.l.tu~nc,;y Wahlkrei.s con(;JU t.uaney ul<5ct:Jon c:omwJ.tte& J{r.~ J.wwah lautHlc:husa conrntituency returning orfiear l~r(J 1owa11lled tlilr Council of Elders Jlltr>stanr~t district Kreis electoral certificate Wahlschein electoral register Wahlerverzeichnis Federal Constitutional Court Bundesverfassungsgericht i• ! : Federal election committee :i'lnndeswahlausschus.s. I i 'Land' election cotnmittee Landem>Jahlausschuss ,. 'Land' government Landesregierung i I· I 'Land' returning officer Landeswahlleiter Panel of presiding officers i•Jahlvorstand I Standing Boundary Commission St~ndige Wahlkreiskomrnission i ward Wahlbezirk De. -mrs. rs/cod J' - 76 - Annex (Federal Republic FRANCE Legal basis - Const. = Constitution of 4 October 1958, last amended on 30 De~mber 1963. - CE = Code ~lectoral Ele'ctoral Code of 30 March 1955, last amended on 22 August 1974. -The Loi organique (LO) is part of.th~ electoral law. - L Loi = law - R r~gulation rule Parliament Bicameral system: - Assembl~e Nation&~ (National Aasembly) - S~nat (Senate), which has 283 members and a life of 9 years; one third of the senators is elected every 3 years. Legislative term (of the National Assembly) 5 years (CE Art. LO 121) Number of members 490 (this means that, with a population of about 52,700,000 there is one representative for ev~.y 107,000 inhabitants) administrative committee commission administrative assessor assesseur by-election election partielle.circonscription c~nstitutional Council Conseil ~onstitutionnel . ' deputy Mayor adjoint election office ~,ureau de vote ~lectoral register liste ~lectorale De.-mrs.rs/cod - 77 - Annex (France I) FIU\NCE (cont.) The following nro inellgibl'J - inspectors-general of the administration on special missions and prefects in all constituencies located in the area in which they hold or have within the last three years held such office; - sub-prefects and secretaries-general of the prefereature in all constituencies of the department in which they hold or have within the last year held such office; - mayors and deputy mayors of Paris in all constituencies in which they hold or have within the last year held such office. Senior Officials representing the Government (prefects of police, rectors, etc.) and magistrates are ineligible for election in all constituencies forming part of the area in which they exercise or have exercised their duties for less than six months: Arepresentative, senator or substitute member of a Chamber may not act as substitute for a candidate standing for election to the National Asse~ly. A substitute who has taken over the seat of a r~presentative because the latter has become a member of the government, may not stand against this fo:.;:~r representative at the next elections. (CE Art. L 44 LO 127-135) Incompatibility of offices Membership of the National Assembly of' the Senate is incompatible with the holding of any government post. The simultaneous membership of both Chambers is prohibited (CE Art. 23, CE Art. LO 137). The office of represent~tiy~is i~compatible with: - membership of the Economic and Social Council; - ~mbership of the Constitutional Council; - membership of the Government Council of an overseas territory; the office of judge; - regul&r service in the armed forces; membership of a departmental commission; De.-mrs.rs/cod - 78 - Annex (France II) Fru\NC!l! (cont. ) - any publlc office nut t.l.lled by all'lction. The following ara axampt from this last provision: (a) professors, who at the time of their election, occupy a chair awarded to them following a proposal by the staff of the establishment in Which the chair became free, or who are responsible for directing research projects; (b) the clergy and representatives of the government in the religious administration in the Haut-Rhin, Bas-Rhin and Moselle departments; - paid office in the employment of a foreign state or international organization; the performance of a special government mission lasting longer than 6 months; - the chairmanship or membership of a board of directors and the office of director-general or deputy Clirectar~~n,aril of: mit~n~~~~'J#;)il):\i ng s ~nd public inetitution·S.~·or7.'··any-pe·rmane'nt;:·:PQJi.iti9n~~~:f~ii!ler'.".iinX}s\i"Eti:. undertakings or institutions. Exceptions: representatives appointed members of the boards of directors of national undertakings or institutions in their capacity as Members of Parliament; - the positions of head of business, chairman of the board of directors, director-general, deputy director-general or managing director in: (a) companies, undertakings or institutions which enjoy advantages granted by the state or a public authority in the form of interest guarantees, subsidies, etc., except where these advantages result from the automatic application'of general legislation and regulations; (b) companies which pursue financial busin<:.ss only and receive public savings deposits or issue loans; . (c) companies or undertakings whose activiLies consist chiefly in the execution of projects, the supply of goods or services for or subject to the control of the state, a public authority or a national undertaking, or half of whose capital consists of holdings of companes or undertakings engaged in the same activity; exceptions are possible where the activity of the representative in such undertakings, institutions or companies is unpaid; - On becoming a representative, a lawyer admitted to the bar may not exercise his profession either directly or indirectly through a partner, associate or secretary, except before the supreme court.in connection with cases involving criminal proceedings for crimes or offences against the public good or the press or concerning savings and credit. He is also forbidden to plead or advise against the state, national companies, public authorities or institutions or to plead or advise in favour of or at the expense of one of the abovementioned companies, undertakings or institutions unless he was their regular adviser before his election. Exceptions are possible; Annex (France III) D~. -mre~. re/ corl - 79 - Fftl\NCE (cont.) - No representative may allow his name followed by his official title to be used for advertising purposes by a financial, industrial or commercial undertaking. All representatives must give up posts incompatible with their office within 15 days of their election. Any representative failing to do so is declared legally deprived of his office by the Constitutional Council. (CE Art. L 46. LO 137 - 151) Electoral system Election by absolute majority in two ballots. To be elected in the firat ballot a candidate must obtain an absolute majority and at loaat one quarter of the valid votes cast by registered electors. In the second ballot, which takes place one week later, a relative majority is sufficient. Only candidates polling at least 10% of the valid votes cast by registered electors in the first ballot may take part in the second. Should only one candidate fulfil this condition, the candidate with the secondhighest number of votes is admitted to the second bal:lot. Should no candidate fulfil this condition, a second ballot is held between the two candidates polling the most votes at the first ballot. No candidate or substitute may stand for election in more than one constituency. De. -mrs.rs/cod - 80 - Annex (France IV) IRELAND Legal basis - Const. "" the ·Irish Constitution (Bunreaeht '!118 h-'-Eili'Jt'afin}·~6;;.tiJuly 1937. - EA .., Electoral Act 1923,-<~amended seve:r.al:_ t:lme.s~i,";.nt-~~c:QJ:~;, i\.li 1969 and lastly in 1974. Parliament Bicameral system: - ~Di:Hl-·Eireann (Hol:li:ie-~~:ff,;iij;pre~:t,atiy'ttjr- - --:-~-seati&'cFE"ireann-fseniitGi) __ _ Legislative term 16.5". 10 1961). Five years (Const. Art. 1 Sectbn of EA Number of Members 144 (at present; varies according to population; see Section IV.l.a. This means that, with a population of 3,100,000, 8he member represents about 20,000 inhabitants~) The following offices are considered incompatible with that-of representative: - President of the Republic (Const. Art. 12.6.1) -Controller and Auditor General (Const •. Ar~. 13.1) - Judge (Const. Art. 35.3) Members of the defence forces or any police force in the state on full pay ISection 51 EA 1921). - Civil servants unless permitted by their terms of employment to· be a member of the DHl (Section 51 EA 1923). - Memberghio of one House of Parliament disqualifies from membership of the other (Const. Art. 15.14). De.-mrs.rs/cod - 81 - Annex (Ireland I) vote counting method Voting is on the system of proportional representation by means of the Single Transferable Vote. The names of the candidates appear in alphabetical order on the ballot paper. The voter who has one trans ferable vote indicates the order of his choice by writing 1 opposite the name of his first choice, 2 opposite the name of his second choice, 3 opposite the name of his third choice and so on. He is free to indicate a preference for one candidate only, or for a limited number of candidates or for each of the candidates in the order of his choice. In this way the voter gives instructions to the returning officer to transfer his vote to the candidate of his second choice if the candidate of his first choice receives more than the quota of votes necessary for election or if his first choice is eliminated (through receiving so few votes as to have no chance of election). If the same situation applies to his second choice the vote may be transferred to his third choice and so on. The quota of votes which is the number of votes necessary for election of a candidate is ascertained by dividing the total number of valid papers by the number of seats plus one and adding one to the result; e.g. if there were 40,000 valid papers and 4 seats to be filled the quota would be 8,001, i e. 40,000 + 1. It will be seen that in this (4 + 1) example only four candidates could possibly reach the quota. At the end of any count any candidate who has received a number of votes equal to or greater than the quota is deemed to be elected. If a candidate receives more than the quota his surplus votes are transferred to the remaining candidates in the following way. If the candidate's votes are all first preference votes, all his ballot papers are sorted into separate parcels according to the next preference shown on them. A separate parcel is made of his non-transferable votes (papers on which a subsequent preference is not shown). If the surplus is less than the number of transferable votes each remaining candidate then receives from the top of the appropriate parcel of transferable votes a number of votes calculated as follows: Surplus ~number of papers in parcel. Total number of transferable votes If the surplus is equal to or greater than the number of transferable votes, each candidate will receive all the votes from the appropriate parcel of transferable votes. ·If the surplus arises out of transferred papers, the papers in the parcel last transferred to that candidate are examined and this parcel is then treated in the same way as a surplus consisting of first preference votes. If two candidates exceed the quota Ue -mrs rs/cod Annex (Ireland ,II) the larger surplus is distributed first. If no candidate has a surplus the lowest of the remaining candidates is eliminated and his papers are transferred to the other remaining candidate~ according to the next preference indicated on them. If a ballot paper is to be transferred and the second preference shown on it is for a candidate already elected or eliminated the vote passes to the third choice and so on. Counting continues until all the seats have been filled. If the position is reached where the number of seats left to be filled is equal to the number of candidates still in the running these candidates are declared elected without having obtained the quota. Similarly, if only one ·seat reamins to be filled and one candidate has more votes than all the other remaining candidates together with any surplus votes not yet distributed, that candidate is deemed to be elected without having reached the quota. - 81 - Annex (Ireland III) ITALY Legal basis - Cost. Costituzione Constitution of 1 January 1948, last amended on 25 November 1967. -TU Tee to unico delle leggi per la t!llezione della Camera dei· .. Deputati':, =Electoral Law, Presidential decree of 30 March l957, No. 361. - su~~lement to the above ITesto unico delle leggi per la disciplina dell 'elett~rat~ attivo e per la tenuta e Revisione delle liste elettorali); Presililential Decree of 20 March 1967. No 223.: Parliament Bicameral system: - Camera dei Deputati {Chamber of Rep~esentatives) - Senate {Senate) Legislative term Five years (Cost. Art. 60) Number of members 630 (with a population of 5?,000,000, each member represents about 87,000 inhabitants) bentral ~onsiituehcy office ufficio centrale circoscrizionale central national elect·ion office ufficio centrale nazionale con at :i.t..u.en cy collegia distr-l'ct ~lectil"'~ c'1mmittee c~mmigsione elettorale mandamentale electori!li diettic;t · sezione elettoral8 etectorar··register lista elettorale aovernina bodv of electoral d4atrict seggio elettorale loC"el elec-ti~n committee c~mmigsione elettorale communale De.-mrs.rs/cod - 84 - Annex {Italy I) ITALY (cont.) The following are disqualified: - Members of tho Senate (Cost. Art. 652 ) - Members of regional parliaments: - Presidents of the supreme provincial administrative authorities: - Mayors of communes of over 20,000 ihhabitants: - Chiefs, deputy chiefs and inspectors-general of the police: -Minister's ~hiefs de cabinet: Representatives of the government in the autonomous region of Sardinia; - The State Commissioner in the region of Sicily; - Prefects and their representatives; - Vice-Prefects and police officials; - Generals. aQ.m:i.rals and senior officers of the armed forces within the ·111rea of the~r ·e·erritcirial command - Admirals of the armed forces within their sphere of authority. (Art. 7 TU No 361) - Judges in constituencies within their jurisdiction (Art. 8 TU No. 361) - Diplomats, consuls, vice-consuls , embassy,. legation and consulate. employees (Art. 9 TU No. 361) - Representatives of private undertakings bound to the state by public works or supply contracts. Representatives, directors, managers and legal and administrative advisers of state-subsidized undertakings (Art. 10 TU No. 361) Vote counting method 'Seats shall be distributed among the constituencies in the following manner: the number of inhabitants of the Fepublic as recorded in the latest population census is divided by 630 and the seats are distributed in proportion to the number of inhabitants in each constituency according to the overall quotient and taking into account the highest remainders.' (Cost. Art. 56.4) The number of votes cast in a constituency is divided by the number of seats to be allocated in the constituency plus two. The figure thus obtained is the quota. Each list is allocated as many seats as the quota can be divided into the total number of votes casts for the list. Within the individual lists seats are awarded on the basis of preference votes (Art. 77 TU No. 361). Seats which have not been filled in the constituencies are distributed ~roportionat1y at national level by the method of the largest remainder, but only to parties polling at least 300,000 votes in the whole country (Art. 83 TU No. 361). De·. -mrs. rs/cod -as- Annex (Italy 'II) LUXEMBOURG Legal basis - Const. Constitution of 17 October 1868, last amended on 27 January 1972 - LE Loi ~lectorale Electoral Law of 31 July 1924, last amended on 31 July 1973 Parliament Unicameral system: - Chambre des Deputes (Chamber of Deputies) Legislative term Five years (Law of 27 July 1956} Number of members 59 (at present; varies according to population. One member represents about 5,500 inhabitants, Const. Art. 53.3; LE Art. 84}. ~allege of the Mayor and Aldermen college de!! bourgme!ltre•et echevins ele:cti~n "fficc bureau electoral electoial regi1ter li '!It~- ·electo,rela princi~al election office bure~u princip~l Vote counting method Seats are allocated by the Hagenbach-Bischoff method.i~he quota is obtained by dividing the number of votes cast by the number of seats to be filled plus one; each list obtains as many seats as the quota can be divided into the number of votes cast for the list)~ If any seats remain, a second allocation method is applied, the number of votes obtained by each list being divided by the number of seats it has already obtained plus one. Any remaining seats are allocated to the lists with the highest quotients (modified d'Hondt method). In the event of several l.t~tfil having l:.he same quotient the seat is allocated to the ].:ist obtain~!,lg the mo~l vot~§ (LH Art. 137) oe.-mrs.rs/cod -8'6-' Annex (~uxembourg I) I\1 ETHERLANDS ·- Grw = Grondwet Constitution of 29 March 1814, last amended on 17 Aoril 1972: - KW = Kieswet = Electorial Law of 13 July 1951. last amended on 1 February 1974 Parliament Bicameral system: - Eerste Kamer (Senate) - Tweede Kamer (House of Representatives) Legislative term 4 years (Grw. Art. 94) Number of members 150 (i.e. with a population of approx. 13,500.000, one member for approx. every 90,000 inhabitants) central election authority kiesraad (outside the period of an election) commune executive college van burgemeester en lcon~l~llng of mayor and elected wethouders S!!!'le!!I'!OT"') con ogt it uen cyi kieskring election office stembureau electoral district kiesdistrikt; electoral register kiezer sregi ster polling card stembiljet principal election office hoofdstembureau quota kiesdeler Incompatibility - President and members of the Council of State - Ministers - Member of or Attorney-General or Director of Public Prosecution with the Supreme Council: - Auditor-General or member of the Audit Office: - Royal Commissioner in a Province (Grw. Art. 106.1) De -egs rslcod - 87 - Annex (Netherlands I) NETHERLANDS (cont. ) Method of allocating seats The quota is obtained by dividing the total number of votes cast for all lists by the number of seats (150) (KW. Art. N 4). Each list or group of lists obtains as many seats as the quota can be divided into the number of votes cast (KW. Art. N 5). The remaining seats are distributed in accordance with the rule of the larg~;llt average, provided that they number at least 19. If there are fewer than 19, they are allocated in accordance wit'h tho rule of the largest remainder (KW. Art. N 7). Seats won by a group of lists are distributed among the individual lists by re-applying the quota method (number of votes cast for the group of lists divided by the number of seats allocated to it gives the group quota) (KW. Art. N 10). The remaining seats are distributed in accoidance with the rule of the largest remainder. The quota method is then applied a third time for the purpose of distributing the list seats among the various candidates. (List quota: number of votes obtained by the list divided by the number of seats allocated to it; KW. Art. N 13) Candidates achieving the list quota are elected (KW. Art. N 14). Should any seats remain unfilled after this procedure, the votes of elected candidates which exceed the list quota are transferred to-t;'oe next candidates on the list (KW. Art. N 15.2). Any seats still unfilled are allocated to the candidates with the highest number of votes (KW. Art. N 16.1), provided they have obtained at least half the quota. Otherwise the seats go to the candidates highest on the list (KW. Art. N 16.2). 0 De.-egs.rs/cod - ss- Annex(Netherlands II) UNITED KINGDOM Legal basis - RPA Representation of the People Act 1949, which also contains PER Parliament Election Rules and Representation of the People Acts 1969 and 1974 - RPR = Representation of the People Regulations 1974 - House of commons (Redistribution of Seats) Acts 1949 and 1958 - House of Commons (Disqualification) Act 1957 Parliament ~ fmtHle of commone (low~:~r hottlll~) - H6u~~ @t LdtO§ (upp@f hdU~§) 823 Members (total number variable, membership hereditary) 257 life peers (appointed by the Queen at the suggestion of the Government) 42 other. ex-officio Members (High Court judges, bishops) Legislative term (lower house) 5 years (Section 7. Parliament Act 1921) Number of Members 635 (i.e. with a population of about 56.000,000. approx. one member per 87.000 inhabitants) Dimqualifications - Peers. except Irish peers, provided that the latter do not intend to stand as candidates in a Northers Irish constituency. Under the Peerage Act 1963 peerages may be renounced, thus creating an entitlement to vote and to be elected. - Ordained clergymen of the three established Churches, (House of commons (Clergy Disqualification) Act 1801) and priests of the Roman catholic Church (section 9 of the Roman Catholic Relief Act 1829)~ - Holders of Offices of profit under the Crown (House of Commons Disqual- ification Act 1957):: holders of judicial office. excluding Justices of the Peace provided their office is not in the congtituency in which they wish to stand fnr elect 1.nn: - 89 - Annex (United Kingdom I) members of the regular armed forces and the police: members of the boards of nationalized industries: civil servants with administrative and executive functions. This rule applies to the entire ministerial civil service of Whitehall, including scientific advisers and clerical staff, plus all administrative officials in the other state. and local authorities. A member of this group is not permitted to stand for Parliament, i.e. candidature is a disqualifying factor for public service, with no possibility of restitution. Members of the Civil Service who fulfil; no administrative function, e.g. employees of the nationalized railways or post office in the lower echelons,· may stand as candidates, they need only resign their office in the event of election, and are entitled to claim restitution to public service. - Aliens (Section 3 of Act of Settlement, 1700 - 01, section 3 of Status of Aliens Act 1914, section 31 of British Nationality Act 1948). -Persons under 21 years (section 7 of Parliamentary Elections Act 1695). - Persons insane (common law) -Bankrupts (sections 32-33 of Bankrup~ey.-.Act 1883). -Persons convicted of treason (Forfeiture Act 1B70). - Persons convicted of corrupt practices at elections (common law). Vote counting method Election is by relative majority in a single ballot in each constituency. To be elected, a candidate must obtain more votes than any other candidate. De.-egs.rB/cod - 90 -' Annex (United Kingdom II)